Jiang v SASC Pty Ltd [2005] NSWIRComm 1198

Industrial Relations Commission of New South Wales

CITATION: Jiang v SASC Pty Ltd [2005] NSWIRComm 1198

APPLICANT Yin Zhu Jiang PARTIES: RESPONDENT SASC Pty Ltd (ABN: 74092075217)

FILE NUMBER(S): 1948 of 2005

CORAM: Cambridge C

CATCHWORDS: Unfair dismissal - termination of employment - practice and procedure - conciliated agreement to settle subsequently recanted by one Party - settlement agreement sought to be enforced - Order under s.174 (b) sought - Order not opposed - matter concluded by way of Order made under s.174 (b).

LEGISLATION CITED: Industrial Relations Act 1996 [NSW]

HEARING DATES: 11/22/2005 EXTEMPORE JUDGMENT DATE : 11/22/2005

APPLICANT Mr E Smith of counsel, with Mr P Vouroudis, solicitor from LEGAL REPRESENTATIVES: Photios Vouroudis & Co

RESPONDENT Mr J Law, agent, from John F Law & Associates

DECISION: - 5 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

COMMISSIONER CAMBRIDGE

22 November 2005

Matter No IRC 1948 of 2005

Yin Zhu Jiang and SASC Pty Limited

Application by Yin Zhu Jiang re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.

DETERMINATION OF PROCEEDINGS

AND

ORDER

[2005] NSWIRComm 1198

1 This matter involves a claim for unfair dismissal. The claim was made pursuant to section 84 of the Industrial Relations Act 1996 [NSW], (the Act). The claim was filed on 18 April 2005, by Yin Zhu Jiang (the applicant), and named the respondent employer as SASC Pty Limited. It appeared that the respondent employer may also trade under the names "Oliver Shirts" and "oliver clothing". The identification of the respondent employer may be more accurately made by reference to the ABN:74092075217 (the employer). 2 Proceedings in this matter commenced on 11 May 2005. The applicant was represented by a solicitor, Mr P Vouroudis, and the employer's General Manager, Mr Nuri Hassim appeared for the employer. The conciliation proceedings on 11 May appeared to be successful, and following a short adjournment the Parties reported that the matter and been settled by way of agreement. 3 The Commission adjourned proceedings to allow the Parties to perform the operative terms of the agreement to settle the matter. The Commission marked the file as; "Settled, subject to the filing of a Notice of Discontinuance on or before 19 August 2005". The date of 19 August 2005 was determined as being after the date upon which it was anticipated that the performance of the terms of the agreement would be concluded. 4 The Commission received correspondence dated 15 August 2005, from the solicitors for the applicant, Photios Vouroudis & Co. This correspondence advised that the matter remained unresolved and requested that the Commission arrange for further proceedings. The matter was Mentioned on 1 September 2005, when Mr Vouroudis continued his appearance for the applicant and Mr Hassim again appeared for the employer. 5 On 1 September Mr Vouroudis advised the Commission that the agreement to settle the matter had been reduced to writing and a "Terms Of Settlement" document had been duly signed by both Parties on 11 May 2005. However the employer had not complied with the "Terms Of Settlement" document and, significantly, had not made any payment of monies to the applicant as was envisaged by the "Terms Of Settlement" agreement.