Forkin v Young

Background facts

1. CTC Safety provides work health and safety training and consulting services throughout NSW. Throughout the period of Ms Forkin's employment, CTC Safety employed three people on a full-time basis: Mr Young, Ms Forkin and Mrs Cheryl Smith. Ms Forkin was responsible for providing Information Technology support to CTC Safety. Mrs Smith was responsible for general office administration. As CEO, Mr Young was responsible for managing the general affairs of CTC Safety. In addition, he delivered a number of contractors training and consulting services to external organisations on behalf of CTC Safety.
2. Mrs Smith and Ms Forkin worked at CTC Safety's sole office located on the NSW Central Coast in an industrial complex. Mrs Smith, Ms Forkin and Mr Young worked in that office. Mr Young also spent significant time away from the office delivering training and consultancy services to external organisations. The office was small and open plan in design. Mr Young, Ms Forkin and Ms Smith worked in close proximity. Adjacent to the office was a warehouse used by CTC Safety to store its equipment and training material. Ms Forkin and apparently Mrs Smith, were contracted to work Monday to Friday, 08:30 to 17:00. While the parties agree that Ms Forkin and Mrs Smith sometimes started and finished at different times, Ms Forkin claims that she was usually the first to arrive at the office in the morning. Mr Young, on the other hand, claims that Ms Forkin was often late, usually arriving after Mrs Smith. He claims that he had warned Ms Forkin about being late for work on "multiple occasions". Neither party provided evidence in support of their respective claims.