NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Smith v Paddington Osteopathic Centre [2009] NSWIRComm 1003
APPLICANT PARTIES: Angela Mary Smith RESPONDENT Paddington Osteopathic Centre
FILE NUMBER(S): 1366 of 2008
CORAM: Cambridge C
CATCHWORDS: Unfair dismissal - termination of employment - summary dismissal - oral dismissal made in the heat of the moment - absence of proper substantive basis - procedural errors - substantive basis not sufficiently connected to employment - dismissal held as harsh, unreasonable and unjust - reinstatement or re-employment impractical - further proceedings to determine compensation.
LEGISLATION CITED: Industrial Relations Act 1996 [NSW]
Leanne Jarvis and Sam Costandi [2005] NSWIRComm 311 Smith v Director General of School Education, (1993) Industrial Relations Court of NSW, [Fisher CJ Bauer & Hungerford JJ], 51IR @ 204. CASES CITED: Li and Oocl Australia Pty Ltd [2002] NSWIRComm 167 Qi v Nice Shoes Australia Pty Limited [2005] NSWIRComm 1149 Luszczynski v Cement Australia Package Products Pty Ltd [2005] NSWIRComm 1180
HEARING DATES: 1 and 2 December 2008
DATE OF JUDGMENT: 6 February 2009
APPLICANT Ms L Tucker, solicitor Kingsford Legal Centre LEGAL REPRESENTATIVES: RESPONDENT Mr P Strain, barrister Solicitors for respondent Gibson Howlin Lawyers
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
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