NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Bitar v SWC [2007] NSWIRComm 1094
APPLICANT: PARTIES: AMWU for Joseph Bitar RESPONDENT: Sydney Water Corporation
FILE NUMBER(S): 1213 of 2007
CORAM: Ritchie C
Application for unfair dismissal. Applicant worked for Sydney Water. Applicant as a favour to his brother sought to appease a tenant of his brother by delivering a stove during his lunch time. Tenant claimed that applicnt had used inappropriate langauge and intimidated her when she sought license to install. CATCHWORDS: Tenant reported applicant to his employer. Employer investigated and accepted tenant's claim. Applicant then terminated. Commission found that issue to be determined was not whether the applicant was there to deliver or install but the conduct of the applicant during the meeting. Applicant was wearing company uniform and driving company car. Applicant away from work without authority for over 90 minutes. Commission found on balance of probability to prefer the evidence of the tenant. Commission found that this incident was unjustified and that it warranted termination. Application dismissed.
LEGISLATION CITED: Industrial Relations Act, 1996
HEARING DATES: 14/11/07, 15/11/07, 15/11/07, 10/12/07
DATE OF JUDGMENT: 20 December 2007
APPLICANT: Mr. I. Morrison of the AMWU LEGAL REPRESENTATIVES: RESPONDENT: Mr A. Salmon of Fisher Cartwright Berriman Lawyers and Consultants.
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