NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Gorman & McCord [2008] NSWIRComm 1038
APPLICANT PARTIES: Ms Kim Gorman RESPONDENT Sarah McCord
FILE NUMBER(S): 2190 of 2007
CORAM: Ritchie C
Claim for unfair dismissal. Applicant had phoned respondent to advise that she was sick-could not come to work. CATCHWORDS: Respondent's husband phoned applicant and terminated her employment. Reasons for termination found by Commission to be not based on fact. Awarded compensation.
LEGISLATION CITED: Industrial Relations Act 1996
HEARING DATES: 16/04/08
DATE OF JUDGMENT: 14 May 2008
APPLICANT Mr J. Clements(solicitor) LEGAL REPRESENTATIVES: RESPONDENT Mr J. McCord
DECISION: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Ritchie Commissioner
14 May 2008
Matter No IRC 2190 of 2007
IN THE MATTER OF: Kim Louise Gorman and Sarah McCord.
Application by Kim Louise Gorman re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
DECISION
[2008] NSWIRComm 1038
Background.
1 An application for unfair dismissal under section 84 of the Industrial Relations Act 1996 (the Act) was filed on 12 December 2007 by Ms Kim Louise Gorman (the applicant) against Ms Sarah McCord (the respondent). 2 The application was made as a consequence of the applicant being dismissed by the husband of the respondent by telephone on 22 November 2007. The applicant was employed by the respondent as a hairdresser in the respondent's salon located at Umina. 3 The applicant stated in her affidavit that she commenced employment on 6 March 2007. This date of commencement was disputed by the respondent who stated it was 23 May 2007. 4 The respondent is a sole trader. 5 The application came on for Conciliation and Direction on 10 January 2008 before Commissioner Stanton but failed to settle. The matter was reallocated to the Commission as presently constituted with the hearing being held on 16 April 2008 in Newcastle. At the end of the hearing the Decision was reserved. 6 The applicant was represented by Mr Jamie Clements (solicitor)of Central Coast Business Lawyers and the respondent by Mr Phillip McCord husband of the respondent. 7 A Form 11 was filed by the applicant on the day of the Hearing. Applicant's case
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