Unfair Dismissal Claim Dismissed Due to Governing Award

Industrial Relations Commission (NSW)

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📜 Headnote Official document

The claimant sought relief for unfair dismissal under the Industrial Relations Act 1996. However, the Industrial Relations Commission determined that the claimant’s conditions of employment were governed by an award of the Australian Industrial Relations Commission, thus dismissing the application.

📚 Full judgment Official document

Industrial Relations Commission of New South Wales

CITATION : [NAME] v [COMPANY] [2002] NSWIRComm 255 PARTIES : [NAME] [COMPANY]: IRC 3246 of 2002 CORAM: Grayson DP LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : [NAME] v Newcastle City Council (1997) 77 IR 210 HEARING DATES: 10/01/2002 EXTEMPORE JUDGMENT DATE : 10/01/2002

APPLICANT Ms [NAME] in person LEGAL REPRESENTATIVES: RESPONDENT [NAME], solicitor

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Matter No IRC 3246 of 2002 Coram: Grayson DP Tuesday, 1 October 2002

[NAME] v [COMPANY]

Application by [NAME] re unfair dismissal pursuant to s84 of the Industrial Relations Act 1996 DECISION EX-TEMPORE NSWIRComm255

1 In the circumstances and based on the evidence adduced by the respondent, I am comfortably satisfied that the applicant's conditions of employment were at all material times regulated by an award of the Australian Industrial Relations Commission.

2 There is sufficient authority for the proposition that this Commission, in such circumstances, has no jurisdiction to entertain the application presently before it. See, for example [NAME] v Newcastle City Council (1997) 77 IR 210.

3 The applicant has indicted her intention in the circumstances to initiate proceedings, appropriately if I may say so, in the Australian Industrial Relations Commission.

4 The application is dismissed accordingly. --------------------------

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