Montes v. Mixing Pot Restaurant [2008] NSWIRComm 1045

Industrial Relations Commission of New South Wales

CITATION: Montes v. Mixing Pot Restaurant [2008] NSWIRComm 1045

APPLICANT Emmanuel Montes PARTIES: RESPONDENT Mixing Pot Restaurant

FILE NUMBER(S): IRC 358 of 2008

CORAM: Connor C

CATCHWORDS: termination of employment - restaurant industry - failure to prosecute claim - involvement with unresolved civil proceedings alleged - questions of jurisdiction - matter dismissed for want of prosecution - position of applicant reserved for subsequent arbitration

LEGISLATION CITED: Industrial Relations Act 1996 Federal Workplace Relations Amendment (Work Choices) Act 2005

CASES CITED: State of New South Wales v. Commonwealth of Australia (2006) 156 IR 1

HEARING DATES: 28/05/2008

EXTEMPORE JUDGMENT DATE : 28 May 2008

APPLICANT no appearance

RESPONDENT LEGAL REPRESENTATIVES: Pranav Bhatt Restaurant and Catering Industry Association of New South Wales

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Wednesday, 28 May, 2008

Matter No IRC 358 of 2008

Emmanuel Montes and the Mixing Pot Restaurant

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

DECISION

[2008] NSWIRComm 1045

1 Mr Emmanuel Montes was employed as a waiter at the Mixing Pot Restaurant. His services were terminated on Saturday, 1 March, 2008 after five months of employment and he subsequently lodged an application under Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act. In his Part 6 application he has claimed that the termination of his services was unfair and he has sought monetary compensation over it. The matter was allocated to me by Registry staff and set down by them for a conciliation/directions hearing on Wednesday, 9 April, 2008 and mentions on Thursday, 24 April, 2008 (which was vacated at the request of Mr Montes) and Wednesday, 7 May, 2008 (which was also vacated at the request of Mr Montes).