Henriksen -v- Flow-Rite Plumbing Company [2005] NSWIRComm 1189

Industrial Relations Commission of New South Wales

CITATION: Henriksen -v- Flow-Rite Plumbing Company [2005] NSWIRComm 1189

APPLICANT Russell St John Henriksen PARTIES: RESPOPNDENT Flow-Rite Plumbing Company Pty Ltd

FILE NUMBER(S): 6488 of 2004

CORAM: Cambridge C

CATCHWORDS: Unfair dismissal - termination of employment - agressive exchange at work - wilful refusal to follow reasonable instruction - misconduct - justification for dismissal despite some procedural error - claim not assisted by post dismissal misconduct - dismissal not harsh, unreasonable or unjust - claim dismissed.

LEGISLATION CITED: Industrial Relations Act 1996 [NSW]

HEARING DATES: 09/14/2005

DATE OF JUDGMENT: 11/18/2005

APPLICANT Self represented LEGAL REPRESENTATIVES: RESPONDENT Mr J F Law, agent from John F Law & Associates

DECISION:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

COMMISSIONER CAMBRIDGE

18 November 2005

Matter No IRC 6488 of 2004

Russell St John Henriksen -v- Flow-Rite Plumbing Company Pty Ltd

Application by R Henriksen re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.

DECISION

[2005] NSWIRComm 1189

1 The circumstances of this case are very sad. The matter has involved not only the ending of an employment relationship of more than four years, but also the fracture of a longstanding friendship between the Parties to the employment relationship. 2 On 26 October 2004, Russell St John Henriksen (the applicant), was involved in an incident at his worksite that caused Gregory James Gleeson, a Director of Flow-Rite Plumbing Company Pty Ltd (the employer), to dismiss the applicant. That dismissal brought to an end more than four years of employment and also ended over twenty years of friendship between Mr Henriksen and Mr Gleeson. 3 Written advice of the applicant's dismissal was provided by way of a document dated 1 November 2004, and on 5 November 2004, the applicant filed a claim for Relief in relation to unfair dismissal. The claim was made pursuant to section 84 of the Industrial Relations Act 1996 [NSW], (the Act). 4 The matter was initially allocated to McLeay C, and fixed for Conciliation and Directions on 24 November 2004. The matter was unable to be settled by way of conciliated agreement. The filed documentation and transcript of proceedings before McLeay C, indicates that the pursuit of settlement was beset with significant difficulties. These difficulties culminated in an unfortunate exchange between the applicant and McLeay C during proceedings held on 9 February 2005. As a consequence of certain statements made by the applicant during the proceedings held on 9 February 2005, McLeay C referred the matter to the President indicating that she believed that it was appropriate to have the matter reallocated to a different member of the Commission. 5 Subsequently the matter was reallocated to the Commission as currently constituted. In due course the matter proceeded to Hearing that was conducted on 14 September 2005.