NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Mallah v Prestige Property Services Pty Limited [2002] NSWIRComm 147 PARTIES : Wassef Mallah Prestige Property Services Pty Limited FILE NUMBER: 8442 & 8443 of 2001 CORAM: Grayson DP CATCHWORDS : Concurrent proceedings, unfair dismissal, dismissal as a result of injury, altered employment environment following absence overseas, corporate takeover, work related injury and ongoing or recurrent effects, restructuring leading to abolition of certain positions, redundancy, standing offer of alternative employment, evidence of good faith, applicant a valued employee - held, no unfair dismissal, no dismissal in consequence of work-related injury- applications dismissed LEGISLATION CITED : Industrial Relations Act 1996 s84 s92 Workplace Injury Management and Workers Compensation Act 1998 s105 CASES CITED : Easton v Bourke Air Charter Pty Limited & Ors [2000] NSWIRComm 155 Outboard World Pty Limited t/as Budget Waste Control (Sydney) v Muir (1993) 51 IR 167 HEARING DATES: 06/11/2002; 06/20/2002 DATE OF JUDGMENT: 07/05/2002
Mr J Meltzer of counsel LEGAL REPRESENTATIVES: Mr M Diamond, solicitor Ausgroup Consulting
JUDGMENT: - 8 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES Coram: Grayson DP Friday, 5th July 2002
Matter No IRC 8442 of 2001
WASSEF MALLAH V PRESTIGE PROPERTY SERVICES Application by Wassef Mallah re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
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