Sawyer v Cutler-Hammer Pty Ltd. [2002] NSWIRComm 233

Industrial Relations Commission of New South Wales in Court Session

CITATION : Sawyer v Cutler-Hammer Pty Ltd. [2002] NSWIRComm 233 revised - 11/09/2002 APPLICANT: Gary Sawyer PARTIES : RESPONDENT: Cutler-Hammer Pty Ltd FILE NUMBER: IRC 7950 of of 2001 CORAM: Walton J Vice-President; Haylen J; Staunton J Industrial Relations Act 1996 - s 106 application - finding of redundancy rejected - orders made for payment in lieu of reasonable notice - application for leave to appeal - significance of corporate restructure under way but not completed - findings at first instance open on evidence - no error demonstrated - submissions on appeal as to alternative manner of calculating compensation not put below - appellant bound by its conduct of proceedings below - relevance of failure to put submission below for application for leave to appeal - no other issue of general importance raised - concept of "redundancy" well settled - leave to appeal refused.

Industrial Relations Act 1996 - s 187 - application for leave to appeal - submissions on appeal as to alternative manner of calculating compensation not put below - appellant bound by its conduct of proceedings below - failure to put submission below relevant to question of leave to appeal - leave to appeal refused.

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HEARING DATES: 09/03/2002; 09/04/2002 EXTEMPORE JUDGMENT DATE : 09/04/2002

APPELLANT: Mr J V Murphy of counsel SOLICITORS: Fiona Inverarity PricewaterhouseCoopers Legal LEGAL REPRESENTATIVES: RESPONDENT: Mr J J Fernon of counsel SOLICITORS: Ms Jackie Ntatsopoulos Baker & McKenzie