Rogers Kumar v Sherrick Pty Ltd t.as Cronulla Nursing Home [2006] NSWIRComm 1073

Industrial Relations Commission of New South Wales

CITATION: Rogers Kumar v Sherrick Pty Ltd t.as Cronulla Nursing Home [2006] NSWIRComm 1073

APPLICANT Rogers Kumar PARTIES: RESPONDENT Sherrick Pty Ltd t/a Cronulla Nursing Home

FILE NUMBER(S): 2238 of 2005

CORAM: Macdonald C

CATCHWORDS: Unfair dismissal application - directions for filing of evidence - no evidence filed - dismissal for want of prosecution

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 14/02/06

DATE OF JUDGMENT: 05/05/2006

APPLICANT No Appearance LEGAL REPRESENTATIVES: RESPONDENT Mr M Diamond

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: Macdonald

5 May 2006

Matter No IRC 2238 of 2005

ROGERS KUMAR v SHERRICK PTY LTD t/a CRONULLA NURSING HOME

Application by Rogers Kumar re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

JUDGMENT

[2006] NSWIRComm 1073

1 This is an application by Rogers Kumar ("the Applicant") for unfair dismissal against Sherrick Pty Ltd t/a Cronulla Nursing Home ("the Respondent") pursuant to section 84 of the Industrial Relations Act 1996 ("the Act"). 2 The matter was wet down for Conciliation and Directions on 24 May 2005, before Commissioner O'Neill. The Applicant was represented by a solicitor. 3 The matter had further listings before O'Neill C on 21 June, 21 July, 24 August, 7 and 22 September 2005.

On the latter date, a program for the filing of witness statements was put in place. A Hearing date of 14 February 2006 was set. 4 A "Notice of Ceasing to Act", was filed by the Applicant's solicitor on 10 November 2005. 5 Commissioner O'Neill received correspondence from the Respondent's representative, dated 14 December 2005. The Respondent's representative being McCarthy Ausgroup Pty Ltd.