Sanders v BBT(Australia) Pty Ltd t.as Beresford Blake Thomas Ltd [2006] NSWIRComm 1064

Industrial Relations Commission of New South Wales

CITATION: Sanders v BBT(Australia) Pty Ltd t.as Beresford Blake Thomas Ltd [2006] NSWIRComm 1064

APPLICANT: PARTIES: Mr. Jason Sanders RESPONDENT: BBT (Australia) Pty Ltd t/as Beresford Blake Thomas Ltd

FILE NUMBER(S): 6448 of 2005

CORAM: Ritchie C

Claim for unfair dismissal, Preliminary question of whether a probationary period in place. Applicant worked for a subsidiary company of a UK company in Dubai, sought to work in Australia for family reasons. Company he sought to work for in Australia also a subsidiary of same UK company. Applicant applied and was interviewed in Sydney. Claims offered job on the spot. CATCHWORDS: Received an employment contract with a three month probationary period which he signed without alteration. Claims same person who offered him the job verbally waived the probationary period. Within three months of commencing in Sydney he was terminated. Respondent denied offering the applicant a job during Sydney interview and denied that the probationary period was waived. Applicant stated that there should have been no probationary eriod at all. Commission found that no offer of employment was offered during Sydney interview and that there was no waiver of the probationary period. Also found that the requirement for a three month probationary period in the circumstances was reasonable.

LEGISLATION CITED: Industrial Relations Act 1996