Walters & Tamworth Aboriginal Respite Care Committee Inc [2006] NSWIRComm 1004

Industrial Relations Commission of New South Wales

CITATION: Walters & Tamworth Aboriginal Respite Care Committee Inc [2006] NSWIRComm 1004

APPLICANT Christine Margaret Walters PARTIES: RESPONDENT Tamworth Aboriginal Respite Care Committee Inc

FILE NUMBER(S): 1214 of 2005

CORAM: Macdonald C

CATCHWORDS: Unfair dismissal - Tamworth - applicant barricaded herself in respondent's premises - police and media involvement - refusal to vacate - adverse publicity for respondent - applicant's allegation of mismanagement of funds - no evidence - unfair dismissal application rejected

LEGISLATION CITED: Industrial Relations Act 1996

Blythe Chemical Ltd v Bushnell (1933) 49 CLR 66 CASES CITED: Byrnes v Treloar & Ors No 40607/95 Concut Pty Ltd v Worrell [2000] HCA 64

HEARING DATES: 12/12/2005; 13/12/2005

DATE OF JUDGMENT: 02/16/2006

APPLICANT Mr P Schmidt, solicitor LEGAL REPRESENTATIVES:

RESPONDENT Mr J Curtis, Solicitor

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MACDONALD C

16 February 2006

Matter No IRC 1214 of 2005

Christine Margaret Walters and Tamworth Aboriginal Respite Care Committee Inc

Application by Christine Margaret Walters re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

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DECISION

[2006] NSWIRComm 1004

1 The Commission has before it an application by Christine Margaret Walters ("the Applicant") for unfair dismissal against Tamworth Aboriginal Respite Care Committee Inc ("the Respondent") pursuant to section 84 of the Industrial Relations Act 1996 ("the Act"). 2 The matter was set down for Teleconference/Conciliation and Directions on 14 April, 12 and 27 May 2005. On the latter date, the matter was set down for a Hearing. 3 The Hearing took place in Tamworth Court House on 12 and 13 December. 4 At the Hearing, the Applicant was represented by Mr P. Schmidt, solicitor, who called the following witnesses: · Christine Walters - the Applicant · Samantha Moss - former employee (Finance Officer) · Leonard Waters - founding member of the Respondent · Patricia Kearton - former committee member of Respondent