Wales & Wales -V- Nycon Protective Services [2005] NSWIRComm 1082

Wales & Wales -V- Nycon Protective Services [2005] NSWIRComm 1082

There was sufficient evidentiary basis and connection to justify the joinder of Con Adams and Nycon Security Group Pty Ltd as respondents in order to clarify responsibility for the applicants' unfair dismissal claims, and the interests of justice required their inclusion for present purposes.

Parties
Applicant: Adam Gregory Wales; Applicant: Terrance James Wales; Respondent: Con Adams; Respondent: Nycon Security Group Pty Ltd
Jurisdiction
Australia
Judgment Date
01 June 2005
Procedural Posture
Unfair Dismissal / Determination of Notices of Motion to Join Additional Respondents
Outcome
Notices of Motion granted: Con Adams and Nycon Security Group Pty Ltd are joined as respondents.
Legal Topics
Unfair Dismissal, Joinder of Parties, Identification of Employer, Corporations in Administration
Employment Law Industrial Law Unfair Dismissal Joinder of Parties Identification of Employer Corporations in Administration

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Parties

Adam Gregory Wales

Applicant

Terrance James Wales

Applicant

Con Adams

Respondent

Nycon Security Group Pty Ltd

Respondent

Procedural Posture

Unfair Dismissal / Determination of Notices of Motion to Join Additional Respondents

Legal Issues

  1. 1 Should Con Adams and Nycon Security Group Pty Ltd be joined as respondents to the unfair dismissal proceedings?
  2. 2 Does the appointment of an administrator or liquidator to a company affect the Commission's jurisdiction to hear unfair dismissal claims against that company or related entities?

Ratio Decidendi

There was sufficient evidentiary basis and connection to justify the joinder of Con Adams and Nycon Security Group Pty Ltd as respondents in order to clarify responsibility for the applicants' unfair dismissal claims, and the interests of justice required their inclusion for present purposes.

Court Disposition

Notices of Motion granted: Con Adams and Nycon Security Group Pty Ltd are joined as respondents.

Orders

  • Con Adams of 203 Victoria Street, Ashfield, NSW is named as first respondent to proceedings in matters Nos. IRC 5401 of 2004 and IRC 5403 of 2004.
  • Nycon Security Group Pty Ltd (ACN:072352106) is named as second respondent to proceedings in matters Nos. IRC 5401 of 2004 and IRC 5403 of 2004.