Krystyna Wrzosek v Rainbow Nominees Pty Ltd ACN 000 774 774 (Receivers and Managers Appointed) trading as The Bernly Private Hotel [2006] NSWIRComm 1155

Industrial Relations Commission of New South Wales

CITATION: Krystyna Wrzosek v Rainbow Nominees Pty Ltd ACN 000 774 774 (Receivers and Managers Appointed) trading as The Bernly Private Hotel [2006] NSWIRComm 1155

APPLICANT Krystyna Wrzosek

PARTIES: RESPONDENTS TO THE NOTICE OF MOTION Rainbow Nominees Pty Ltd ACN 000 7474 (Receivers and Managers Appointed) trading as The Bernly Private Hotel Charles Negrine Quentin Olde Ian Francis

FILE NUMBER(S): IRC 6813 of 2005

CORAM: McKenna C

Unfair dismissal - notice of motion to join additional respondents, namely (1) sole director of respondent company; and (2) the receivers and managers of respondent company - Director not relevantly involved in the termination of employment - Notice of motion dismissed as it concerns joining the director as a respondent CATCHWORDS: Applicant submitted the receivers and managers should be joined as they may have personal liability as respondents: (1) as applicant's actual employer, because they took action exercisable only by an employer in terminating employment; (2) deriving from s419 of the Corporations Act; (3) given the case law developing on joint employment or apportioning liability to the effective employer; (4) if they acted in some quasi-tortious way, or in an otherwise unlawful way - Applicant found to have an arguable case in relevant respects - Receiver and managers joined as additional respondents to the proceedings - Matter adjourned for conciliation Receiver and Manager

Industrial Relations Act 1996 s68, 84, 86, 89(5), 99, 170(1), 210, 357(1), 400 Industrial Relations Commission Rules 1996 (NSW) r83(c), 84(1) Corporations Act (2001) (Cth) s210, 419, 420, 556 Companies (Receiver and Manager) Act 1959 (NSW) s8 LEGISLATION CITED: Employment Protection Act 1982 (NSW) s22 Occupational Health and Safety Act 1983 (NSW) s50 Occupational Health and Safety Act 2000 (NSW) AWARDS Motels, Accommodation and Resorts (State) Award cl11