Pheasant Pty Limited, trading as Kiama Coachlines v Transport Workers' Union of Australia, New South Wales Branch [2000] NSWIRComm 44

Industrial Relations Commission of New South Wales

CITATION : Pheasant Pty Limited, trading as Kiama Coachlines v Transport Workers' Union of Australia, New South Wales Branch [2000] NSWIRComm 44 Pheasant Pty Limited, trading as Kiama Coachlines (Appellant) PARTIES : Transport Workers' Union of Australia, New South Wales Branch (Respondent) FILE NUMBER: IRC 4936 of 1999 CORAM: Hungerford J; Boland J; Neal C Appeal - Application for leave to appeal - Whether matter of such importance - Against finding that a dismissal was harsh, unreasonable or unjust - Reinstatement or re-employment found impracticable - Monetary compensation awarded - No legal principle or error of law involved - Challenged decision required exercise of a discretion - Totality of the circumstances considered - Leave refused - Appeal dismissed CATCHWORDS : Unfair Dismissal - Finding that dismissal harsh, unreasonable or unjust - Reinstatement or re-employment found impracticable - Monetary compensation awarded - Totality of circumstances considered - Exercise of a discretion - Application for leave to appeal - No legal principle or error of law involved - Leave refused - Appeal dismissed LEGISLATION CITED : Industrial Relations Act 1996 s 84(1) s 89(5) s 188 CASES CITED : Metropolitan Meat Industry Board v Australasian Meat Industry Employees' Union, New South Wales Branch [1973] AR 231 Electricity Commission of New South Wales, t/as Pacific Power v Crump [1993] 48 IR 296 HEARING DATES: 03/23/2000 EXTEMPORE JUDGMENT DATE : 03/23/2000

APPELLANT Mr B D Hodgkinson of counsel SOLICITOR Phillips Fox LEGAL REPRESENTATIVES: RESPONDENT Mr A Metcalfe Transport Workers' Union of Australia, New South Wales Branch