NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: The Seamen's Union of Australia, New South Wales Branch (on behalf of Andrew Beer) v Sydney Ferries Corporation [2006] NSWIRComm 1167
APPLICANT Andrew Beer PARTIES: RESPONDENT Sydney Ferries Corporation
FILE NUMBER(S): 2400 of 2006
CORAM: Macdonald C
CATCHWORDS: Unfair dismissal application - Applicant employed as boat crew - incident in wheelhouse on a SuperCat between Applicant and Master of that SuperCat - incident led to Applicant departing SuperCat and not returning - conflicting evidence as to their wheelhouse conversation - Master's incident report - investigation - Applicant's adverse disciplinary history - procedural fairness - summary dismissal - onus on Respondent - onus satisfied - Commission declines to intervene in dismissal decision.
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Bi-Lo Pty Ltd v Hooper (1992) 53 IR 224
HEARING DATES: 06/09/06, 05/10/06
DATE OF JUDGMENT: 12/12/2006
APPLICANT Mr P Garrett, union official The Seamen's Union of Australia, New South Wales Branch LEGAL REPRESENTATIVES: RESPONDENT Ms B Carey, solicitor Henry Davis York Lawyers
DECISION: - 32 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: MACDONALD C
14 December 2006
Matter No IRC 2400 of 2006
The Seamen's Union of Australia, New South Wales Branch (on behalf of Andrew Beer) and Sydney Ferries Corporation
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