NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Colborne and Sydney Gutter and Roof Restoration Pty Limited [2006] NSWIRComm 1148
APPLICANT Freda Colborne PARTIES: RESPONDENT Sydney Gutter and Roof Restoration Pty Limited
FILE NUMBER(S): 5486 of 2005
CORAM: Patterson C
CATCHWORDS: Alleged unfair dismissal followed by confrontation by applicant towards respondent's principal - "fruity" words used by applicant - respondent allegedly told to "stick" the job - applicant refused to apologise - his words interpreted as resignation - further issued raised in proceedings re alleged regular abuse of other employees, falsification of documents etc. Held: Not necessary to make finding as to dismissal or resignation in light of post-termination discovery which provides sufficient justification for dismissal - serious and wilful misconduct
LEGISLATION CITED: Industrial Relations Act 1996
HEARING DATES: 03/05/2006, 19/06/06
DATE OF JUDGMENT: 10/09/2006
APPLICANT Mr M Schniering, Solicitor Dooley & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr R Berry, Solicitor Heazlewoods Bushby International Lawyers
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Patterson C
9 October 2006
Matter No IRC 5486 of 2005
Freda Colborne and Sydney Gutter and Roof Restoration Pty Limited
Application by Freda Colborne re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
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