Barrell v. Geekie (No.2) [2006] NSWIRComm 1147

Industrial Relations Commission of New South Wales

CITATION: Barrell v. Geekie (No.2) [2006] NSWIRComm 1147

APPLICANT Anna Barrell PARTIES: RESPONDENT Andrew Geekie and Janet Geekie, trading as Janet Manly Clinical Skin Care

FILE NUMBER(S): IRC 1116 of 2006

CORAM: Connor C

CATCHWORDS: termination of employment - closure of business - bankrupt employer - ex parte proceedings - difficulty in recovering entitlements or orders for monetary compensation - identity of employer

LEGISLATION CITED: Industrial Relations Act 1996

Busways v. Johnson (1994) 55 IR 255 CASES CITED: Grimshaw v. Dunbar (1953) 1 All ER 350 Healy v. Johnston - unreported

HEARING DATES: 05/10/2006

DATE OF JUDGMENT: 10/05/2006

EXTEMPORE JUDGMENT DATE : 10/05/2006

APPLICANT no appearance LEGAL REPRESENTATIVES: RESPONDENT no appearance

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Thursday, 5 October, 2006

Matter No IRC 1116 of 2006

Anna Barrell and Andrew and Janet Geekie, trading as Janet Manly Clinical Skin Care

Application under S.84 of the Industrial Relations Act, 1996

SUPPLEMENTARY DECISION

[2006] NSWIRComm 1147

1 On Wednesday, 26 July, 2006 I handed down my decision on an application by Mrs Anna Barrell under Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act. Mrs Barrell had been employed by Mr Andrew Geekie and his wife, Janet Geekie, in a skincare clinic for nine years until the business closed down. The clinic apparently traded under a range of titles - Janet Beauty Salon, Janet Manley Aesthetic Centre, Janet Manley Looking Good, Janet Manley Clinical Skin Care, Janet Skincare and Beauty and Janet Manley Clinical Skincare. Mrs Barrell's services were terminated on Saturday, 11 February, 2006.