NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Pritchard v Measurement Resources Pty Limited [2006] NSWIRComm 1149
APPLICANT Julie Pritchard PARTIES: RESPONDENT Measurement Resources Pty Limited
FILE NUMBER(S): 1886 of 2005
CORAM: Macdonald C
CATCHWORDS: Unfair Dismissal application - independent contractor or employee? - Applicant found to be an employee - who brought contract of employment to an end? Held that Respondent terminated relationship - unfair dismissal found - compensation ordered
LEGISLATION CITED: Industrial Relations Act 1996
Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16 CASES CITED: Hollis v Vabu Pty Ltd (2001) 207 CLR 21 Outboard World Pty Ltd (t/as Budget Waste Control Sydney) v Muir (1993) 51 IR 167 David R Commercial Pty Ltd v Flood (2002) 113 IR 344
HEARING DATES: 16/11/05, 27/03/06.
DATE OF JUDGMENT: 10/18/2006
APPLICANT Mr H Sonmez, Barrister. LEGAL REPRESENTATIVES: RESPONDENT Mr J Boyle, solicitor.
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: MACDONALD C
18 October, 2006
Matter No IRC 1886 of 2005
Julie Pritchard v Measurement Resources Pty Limited.
Application by Julie Pritchard re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
DECISION
[2006] NSWIRComm 1149
1 This is an application by Julie Pritchard ("the Applicant") for unfair dismissal against Measurement Resources Pty Limited ("the Respondent") pursuant to section 84 of the Industrial Relations Act 1996 ("the Act"). 2 The matter was set down for Conciliation and Directions on 9 May, 2005. The matter remained unresolved and a program for the filing of witness statements was put in place. 3 The Hearing took place on 16 November, 2005 and 27 March, 2006. 4 At the Hearing, the Applicant was represented by Mr H Sonmez, barrister who called the Applicant as a witness. 5 At the Hearing, the Respondent was represented by Mr J Boyle, solicitor who called Mr Lawrence Neale, director as a witness. 6 On 24 November, 2005, the Applicant filed a claim against the same Respondent, being an Application for Relief From Victimisation, pursuant to s213 of the Act: IRC 05/6105.
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