NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : IGA Distribution Pty Ltd and Moses [2001] NSWIRComm 235 APPELLANT: IGA Distribution Pty Limited PARTIES : RESPONDENT: Michael Joseph Moses FILE NUMBER: IRC 6002 of 2001 CORAM: Wright J President CATCHWORDS : Practice and procedure - Stay - Appeal - Unfair dismissal proceedings - Appeal from decision of Commissioner ordering reinstatement of dismissed employee - Related application by respondent for stay of stay application and of appeal proceedings - Related application based on incorrect view of Nutshack Franchise Pty Ltd v Smith - Application refused - Principles as to grant of stay of reinstatement orders pending appeal - Stay declined - Employer's responsibilities as to the workplace health and safety of employees LEGISLATION CITED : Industrial Relations Act 1996 s 190 Campbells Cash and Carry Pty Limited v National Union of Workers, New South Wales Branch (2001) 104 IR 400 Effem Foods Pty Limited t/as Uncle Ben's of Australia v Urban (1998) 81 IR 341 CASES CITED : Moses and IGA Distribution Pty Ltd [2001] NSWIRComm 1053 Nutshack Franchise Pty Ltd v Smith (1999) 90 IR 355 Re New South Wales Department of Community Services Community Living and Residential (Interim) (State) Award (2000) 100 IR 447 HEARING DATES: 09/20/2001 EXTEMPORE JUDGMENT DATE : 09/20/2001
APPELLANT: Mr R F Crow of counsel Middletons Moore & Bevins, Solicitors (Mr M J Easton) LEGAL REPRESENTATIVES: RESPONDENT: Mr P P Elias Slater & Elias, Solicitors
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