NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Glenn McDonald and The Grumpy Baker Australia Pty Ltd [2006] NSWIRComm 1150
APPLICANT PARTIES: Glenn McDonald RESPONDENT The Grumpy Baker Australia Pty Ltd
FILE NUMBER(S): 5988 of 2005
CORAM: Patterson C
Unfair dismissal Applicant alleged summary dismissal without valid reason Respondent alleged the Applicant resigned or abandoned employment Irreconcilably contested facts on key issues CATCHWORDS: Evidence in Applicant's case preferred and accepted to the extent of relevant inconsistencies Question of remuneration a contentious issue Determining compensation based on weekly remuneration problematic given (potentially undeclared) cash-in-hand payments Compensation amount determined on official remuneration If Applicant was receiving (potentially undeclared) cash-in-hand payments, the compensation order should not, as a matter of discretion, take such payments into account – Therefore unnecessary and inappropriate to determine the extent, if any, of (potentially undeclared) cash payments Compensation order with respect to the finding of harsh, unreasonable and unjust dismissal - Industrial Registrar directed to forward a copy of the file and decision to the Australian Taxation Office and NSW Office for State Revenue
LEGISLATION CITED: Industrial Relations Act 1996 - s84
HEARING DATES: 09/03/2006
DATE OF JUDGMENT: 10/09/2006
APPLICANT Mr S Hurley-Smith of counsel John D Bingham, Solicitor & Attorney LEGAL REPRESENTATIVES:
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