Diane Lee Gorter v Mollymook Golf Club Limited [2006] NSWIRComm 1126

Industrial Relations Commission of New South Wales

CITATION: Diane Lee Gorter v Mollymook Golf Club Limited [2006] NSWIRComm 1126

APPLICANT Diane Lee Gorter PARTIES: RESPONDENT Mollymook Golf Club Limited

FILE NUMBER(S): 182 of 2005

CORAM: Macdonald C

CATCHWORDS: Unfair dismissal application - business restructure - Applicant a part-time employee who applied to be a full-timer - unsuccessful - redundancy offers closed prior to Applicant's unsuccessful application outcome - Applicant and other employees given new roster arrangement - Applicant's conerns with new roster - 15 November meeting - Applicant resigned on 20 December - constructive dismissal claim rejected - application dismissed.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 11/04/06

DATE OF JUDGMENT: 09/29/2006

APPLICANT John A Clarke, solicitor LEGAL REPRESENTATIVES: RESPONDENT G Arnold, industrial advocate, Clubs NSW

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: COMMISSIONER MACDONALD

29 September 2006

Matter No IRC 182 of 2005

DIANE LEE GORTER v MOLLYMOOK GOLF CLUB LIMITED

Application by Diane Lee Gorter re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION

[2006] NSWIRComm 1126

1 This is an application by Diane Lee Gorter ("the Applicant") for unfair dismissal against Mollymook Golf Club Limited ("the Respondent") pursuant to section 84 of the Industrial Relations Act 1996 ("the Act"). 2 Conciliation between the parties was unsuccessful and the matter was set down for a Hearing on 15 August 2005. That Hearing was subsequently vacated. 3 A new Hearing date of 31 October was eventually vacated owing to Commissioner O'Neill taking extended leave of absence.