Uremovic -v- Staff Innovations [2006] NSWIRComm 1039

Industrial Relations Commission of New South Wales

CITATION: Uremovic -v- Staff Innovations [2006] NSWIRComm 1039

APPLICANT PARTIES: Antony Uremovic RESPONDENT Staff Innovations Pty Ltd

FILE NUMBER(S): 1950 of 2005

CORAM: Cambridge C

CATCHWORDS: Unfair dismissal - termination of employment - vicarious employment - alleged implied term to permit insistance on exclusive placement with a particular client of the employer - particular circumstances of vicarious employment analysed - no implied term established in this instance - applicant not a dismissed employee - claim dismissed.

LEGISLATION CITED: Industrial Relations Act 1996 [NSW]

HEARING DATES: 29/11/2005

DATE OF JUDGMENT: 03/01/2006

APPLICANT Mr J Clements, Australian Workers Union

LEGAL REPRESENTATIVES: RESPONDENT Mr M Cleary, barrister Solicitors for Respondent Moray & Agnew

DECISION: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

COMMISSIONER CAMBRIDGE

1 March 2006

Matter No IRC 1950 of 2005

Antony Uremovic -v- Staff Innovations

Application by The Australian Workers' Union, New South Wales on behalf of its member Antony Uremovic re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.

DECISION

[2006] NSWIRComm1039

1 This matter involves a claim for unfair dismissal taken pursuant to section 84 of the Industrial Relations Act 1996 [NSW], (the Act). The application was made by the Australian Workers' Union (the AWU), on behalf of Antony Uremovic (the applicant). The respondent employer has been identified as Staff Innovations Pty Ltd (the employer). 2 The claim was the subject of unsuccessful conciliation proceedings held on 16 June and 8 July 2005. Following the unsuccessful attempted conciliation the matter proceeded to Hearing on 29 November 2005.