NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Panayiotou v. Eureka Operations Pty Limited, trading as Coles Express [2006] NSWIRComm 1089
APPLICANT Nick Panayiotou PARTIES: RESPONDENT Eureka Operations Pty Limited, trading as Coles Express
FILE NUMBER(S): IRC 286 of 2006
CORAM: Connor C
CATCHWORDS: termination of employment - claim of unfair dismissal - alleged misconduct - onus of proof to establish misconduct - alleged intention to defraud - grounds for dismissal found - claim for reinstatement refused - application dismissed
LEGISLATION CITED: Industrial Relations Act 1996
Re Avon Products Pty Limited and Reilly (1969) AR 153 Homebush Aboattoir Case (1966) AR 371 Laws v. London Chronicle (Indicator Newspapers) Limited (1959) 2 All ER 285 CASES CITED: Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union v. Gartrell White (No.3) (1990) 35 IR 70 Printing and Kindred Industries Union v. John Fairfax and Sons Limited - unreported Shop, Distributive and Allied Employees' Association v. Jewels Food Stores (1987) 22 IR 1 Wang v. Crestell Industries Pty Limited (1997) 73 IR 454
HEARING DATES: 19/05/2006, 25/05/2006
DATE OF JUDGMENT: 06/09/2006
APPLICANT Fergus Austin Kinghan and Associates LEGAL REPRESENTATIVES: RESPONDENT Michael Easton Corrs, Chambers, Westgarth
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