NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Dixon v J & A Cook Pty Ltd t-as Saltwater Bermagui [2007] NSWIRComm 1005
APPLICANT PARTIES: Mark Dixon RESPONDENT J & A Cook Pty Ltd t/as Saltwater Bermagui
FILE NUMBER(S): 793 of 2006
CORAM: Macdonald C
CATCHWORDS: Unfair dismissal - Applicant employed as chef - workplace injury - absence from work - Applicant drives to workplace and is involved in incident with another employee re that employee allegedly calling Applicant's stepson a thief - Applicant leaves workplace and returns later - discussion between Applicant and a business partner of the Respondent - Applicant allegedly threatened to kill certain persons and poison patrons of the Respondent - Applicant's different version of discussion has him being dismissed for workplace injury extended absence - Applicant summarily dismissed - onus on Respondent - onus not satisfied - dismissal unfair - compensation ordered.
LEGISLATION CITED: Industrial Relations Act 1996
D and R Commercial Pty Ltd v Flood (2002) 113 IR 344 CASES CITED: Outboard World Pty Ltd v Muir (1993) 51 IR 167 Briginshaw v Briginshaw (1938) 60 CLR 336 Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union v Gartrell White (No 3) (1990) 35 IR 70
HEARING DATES: 13/09/06, 14/09/06
DATE OF JUDGMENT: 5 March 2007
APPLICANT Mark Dixon, self represented LEGAL REPRESENTATIVES: RESPONDENT Mr J Clarke, solicitor
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