NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Bartlett and Cini v. Mario's Fresh and Frozen Foods [2006] NSWIRComm 1084
FIRST APPLICANT Aaron Bartlett
PARTIES: SECOND APPLICANT Guy Cini
RESPONDENT Mario Scerri
FILE NUMBER(S): IRC 3885 and 3886 of 2005
CORAM: Connor C
CATCHWORDS: termination of employment - alleged assault on employer - conflict in evidence - claims of unfair dismissal - onus of proof - claim settled for one employee - monetary compensation ordered
LEGISLATION CITED: Industrial Relations Act 1996
AWU - FIME Amalgamated Union v. Queensland Alumina Limited (1995) 62 IR 385 Briginshaw v. Briginshaw (1938) 60 CLR 336 Burge v. BHP Steel Pty Limited (2001) 105 IR 325 Busways v. Johnson (1994) 55 IR 255 D and R Commercial Pty Limited v. Flood (2002) 113 IR 344 CASES CITED: G J Coles and Company Limited v. Shop, Distributive and Allied Employees' Association of New South Wales (1983) 6 IR 42 Henderson v. Rural Lands Protection Board (1997) 74 IR 142 Jones v. Dunkel (1959) 101 CLR 298 Loty's Case (1971) AR 95 M v. M (1988) 63 ALJR 108 Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union v. Gartrell White (No.3) (1990) 35 IR 70 Wang v. Crestell Industries Pty Limited (1997) 73 IR 454
HEARING DATES: 17/05/2006
DATE OF JUDGMENT: 05/27/2006
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