NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Sleap v ABB Administrative Services Pty Limited [2007] NSWIRComm 1043 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Paul Sleap PARTIES: RESPONDENT ABB Administrative Services Pty Limited
FILE NUMBER(S): 1987 of 2005
CORAM: Macdonald C
CATCHWORDS: Unfair dismissal application - summary dismissal for misconduct - internal company investigation - complicity allegation by another employee against the Applicant - onus of proof - standard of proof - Respondent's case not made out - dismissal harsh and unjust - compensation order made.
LEGISLATION CITED: Industrial Relations Act 1996
Outboard World v Muir (1993) 51 IR 167 D and R Commercial Pty Limited v Flood CASES CITED: (2002) 113 IR 344 Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union v Gartrell White (No 3) (1990) 35 IR 70 Briginshaw v Briginshaw (1938) 60 CLR 336
HEARING DATES: 28/11/05, 29/11/05, 29/05/06, 30/05/06, 02/06/06
DATE OF JUDGMENT: 13 July 2007
APPLICANT Mr D O'Sullivan, solicitor Turner Freeman
LEGAL REPRESENTATIVES:
RESPONDENT Mr A Salmon, solicitor Fisher Cartwright Berriman Pty Limited
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: COMMISSIONER MACDONALD
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