Russell Hill v Ridgee Didge Limited [2006] NSWIRComm 33

Industrial Relations Commission of New South Wales

CITATION: Russell Hill v Ridgee Didge Limited [2006] NSWIRComm 33

PARTIES: Russell Hill Ridgee Didge Limited

FILE NUMBER(S): IRC 4327 of 2005

CORAM: Harrison DP

CATCHWORDS: Application for relief from unfair dismissal - poor work performance - lack of punctuality - unsafe work practices - failure to respond to instruction - failure to heed warnings. Held - termination of employment not harsh, urneasonable or unjust - application refused.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 31/01/2006

DATE OF JUDGMENT: 02/08/2006

EXTEMPORE JUDGMENT DATE: 01/31/2006

APPLICANT Counsel Mr J Wormington LEGAL REPRESENTATIVES:

RESPONDENT Mr D Campbell

JUDGMENT:

- 5 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP Wednesday, 8 February 2006

Matter No IRC 4327 of 2005

Russell Allan Hill and Ridgee Didge Limited

Application re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION [2006] NSWIRComm 33

1 Mr Russell Hill ("the Applicant") was employed by Ridgee Didge Limited ("the Respondent") as a landscape labourer from 5 August 2002 to 11 August 2005. 2 The application in this matter was filed on 18 August 2005 and subject to conciliation and direction proceedings on 20 September 2005. Mr J. Wormington, Counsel appeared with the applicant. Mr D. Campbell appeared on behalf of the respondent with Mr J. Relf and Mrs R. Relf. 3 Conciliation was unsuccessful resulting in directions to bring the matter to arbitration.