NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Ingersoll v JRS Pty Limited [2005] NSWIRComm 1195
APPLICANT Ms. M. Ingersoll PARTIES: RESPONDENT: JRS Pty Limited t/as Prime Appointments International
FILE NUMBER(S): 3468 of 2005
CORAM: Ritchie C
Application for threatened dismissal. Parties met to discuss issue. Applicant maintained her position Correspondence from applicant's solicitor maintain position. Applicant terminated. Applicant in arbitration admitted lying to respondent concerning her whereabouts on a particular morning. Reason for lying due to a particular situation. Mobile phone records indicated her whereabouts. CATCHWORDS: Applicant aware of the phone records prior to arbitration. Applicant believe termination due to avoidance of payment of bonus. Found by Commission that applicant lied to respondent and maintained lie for over five weeks notwithstanding contrary evidence. Had ample opportunity to tell the truth. Found termination due to lying to respondent and maintaining lie and not to do with payment of discretionary bonus. Application dismissed.
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Mason v Electricity Commission of NSW [1995]NSWIRC78
HEARING DATES: 10/19/2005; 11/04/2005
DATE OF JUDGMENT: 11/24/2005
Mr. M.Perry of Counsel LEGAL REPRESENTATIVES: Solicitors: Employment Lawyers
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