Druett and Coles Myer and Others [2006] NSWIRComm 62

Druett and Coles Myer and Others [2006] NSWIRComm 62

Coles Myer Logistics Pty Ltd was not Mr Druett's employer; Mr Druett was employed by Forstaff Australia Pty Ltd as a casual employee and had not been dismissed. Accordingly, Coles Myer Logistics must be removed as a respondent and its application for costs is refused.

Parties
Applicant (respondent to Notice of Motion): Garry Keith Druett; Respondent (applicant to Notice of Motion): Coles Myer Logistics Pty Ltd
Jurisdiction
Australia
Judgment Date
03 March 2006
Procedural Posture
Unfair Dismissal Application / Decision on Notice of Motion
Outcome
notice of motion granted; application for costs refused; matter listed for conciliation and directions
Legal Topics
Termination of Employment, Unfair Dismissal, Labour Hire Arrangements, Costs Application
Industrial Relations Termination of Employment Unfair Dismissal Labour Hire Arrangements Costs Application

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Parties

Garry Keith Druett

Applicant (respondent to Notice of Motion)

Coles Myer Logistics Pty Ltd

Respondent (applicant to Notice of Motion)

Procedural Posture

Unfair Dismissal Application / Decision on Notice of Motion

Legal Issues

  1. 1 Whether Coles Myer Logistics Pty Ltd was the employer of Garry Keith Druett for the purposes of the unfair dismissal application
  2. 2 Whether costs should be awarded to Coles Myer Logistics Pty Ltd

Ratio Decidendi

Coles Myer Logistics Pty Ltd was not Mr Druett's employer; Mr Druett was employed by Forstaff Australia Pty Ltd as a casual employee and had not been dismissed. Accordingly, Coles Myer Logistics must be removed as a respondent and its application for costs is refused.

Court Disposition

notice of motion granted; application for costs refused; matter listed for conciliation and directions

Orders

  • The notice of motion filed by Coles Myer Logistics on 18 August 2005 is granted.
  • The Coles Myer Logistics application for costs is refused.