NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Joe v George Weston Foods [2005] NSWIRComm 1227
APPLICANT: Ms. Tania Joe PARTIES: RESPONDENT: George Weston Foods Ltd
FILE NUMBER(S): 3791 of 2005
CORAM: Ritchie C
Application for unfair dismissal - long term employee who for past seven years been working on selected duties - factory closing and new factory at another location commencing - applicant applied for transfer to new factory - application accepted on basis of passing a functional capacity evaluation. Applicant did not pass - applicant terminated for inability to carry out full time work, her attendance and lack of alternative selected duties position - applicant terminated by mail - applicant not given opportunity to discuss her position with the respondent - respondent failed to provide any evidence to the Commission to justify claims of poor attendance or her medical position at the point of termination - failure to provide procedural fairness. CATCHWORDS: Unable to reinstate as her job no longer exists. Order of compensation made.
LEGISLATION CITED: Industrial Relations Act 1996
HEARING DATES: 11/08/2005
DATE OF JUDGMENT: 12/22/2005
Mr.R. De Meyrick of Counsel LEGAL REPRESENTATIVES: Mr. T. Samios of the Company
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Ritchie C.
22 December 2005
Matter No IRC 3791of 2005
IN THE MATTER OF: Tania Joe and Tip Top Bakeries a branch of George Weston Foods Limited.
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