Wyndham Lodge Nursing Home Inc v Cecile Reader [1995] IRCA 555

CATCHWORDS INDUSTRIAL LAW - PRACTICE AND PROCEDURE - APPEAL - Application to stay a judgment pending determination of appeal - Principles to be applied - Discretion in court - Special or exceptional circumstances - Stay refused Industrial Relations Act 1988 ss 170DC, 170DE, 170EA Conciliation and Arbitration Act 1904, s5(5) Kerrin v Leighton Contractors Pty Ltd (No 2) (1986) 44 IR 246, 249 Meneling Station Pty Ltd v Australasian Meat Industry Employees Union (1987) 20 IR 296, 296-297, Jason Scott Johns v Gunns Limited, TI 148R of 1994, Industrial Relations Court of Australia, 18 May 1995 (as yet unreported), 29-30, Northrop J The Commissioner of Taxation of the Commonwealth of Australia v The Myer Emporium Limited (1986) 160 CLR 220, 222, 223, 224 Australian Federation of Consumer Organisations Inc v Tobacco Institute of Australia Limited (1991) 13 ATPR 41-138 No VI 5014 of 1995 WYNDHAM LODGE NURSING HOME INC v CECILE READER Marshall J Melbourne 4 October 1995

IN THE INDUSTRIAL RELATIONS) ) COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No. VI 5014 of 1995 BETWEEN WYNDHAM LODGE NURSING HOME INC Appellant AND CECILE READER Respondent JUDGE: Marshall J PLACE: Melbourne DATE: 4 October 1995 ORDER

THE COURT ORDERS THAT: 1. The appellant's motion, notice of which was given on 28 September 1995, is dismissed. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules

IN THE INDUSTRIAL RELATIONS) ) COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No. VI 5014 of 1995 BETWEEN WYNDHAM LODGE NURSING HOME INC Appellant AND CECILE READER Respondent JUDGE: Marshall J PLACE: Melbourne DATE: 4 October 1995 EX TEMPORE REASONS FOR JUDGMENT AS REVISED FROM THE TRANSCRIPT On 29 and 30 August 1995 the Court heard a notice of motion by the respondent for a review by the Court of an order made by Judicial Registrar Tomlinson dismissing the respondent's application under s170EA Industrial Relations Act 1988 ("the Act") arising from the termination of her employment by the appellant. On 8 September 1995 judgment was delivered in the review and the Court made the following orders: "1. The Order of the Court constituted by Judicial Registrar Tomlinson made on 13 January 1995 is set aside. 2. It is declared that the termination of employment of the applicant contravened ss 170DC and DE of the Act. 3. The respondent shall appoint Cecile Reader to the position in which she was employed immediately before the termination. 4. The employment of Cecile Reader is deemed to have been continued for all purposes from 13 June 1994 to the date the final order is made in this matter. 5. The matter is adjourned to the directions hearing list on 2 October 1995 to enable the parties to calculate, in accordance with the reasons for judgment, the amount of remuneration lost by the applicant because of the termination of her employment and, specifically, the relevant net sum having regard to the deduction of PAYE taxation at the appropriate rate. NOTE: If agreement is reached, a consent order can be made pursuant to Order 35 rule 10."