NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Bing Lee Pty Limited and Miguel Reyes [2005] NSWIRComm 391
Appellant: Bing Lee Pty Limited PARTIES: Respondent: Miguel Reyes
FILE NUMBER(S): IRC4701 of 2005
CORAM: Kavanagh J
CATCHWORDS: Application for grant of Stay - finding of fact challenged on appeal - arguable case - Order for reinstatement - employer offers to pay wages but provide no work - Stay and proposed term of stay not fair to both parties - balance of convenience Stay favours employer - wages quid pro quo (consideration) for employee's service - wages are for work - Stay refused
Industrial Relations Act 1996 s187 LEGISLATION CITED: s188
Alexander v Cambridge Credit Corporation (1985) 2 NSWLR 685 R v Post Master General (1876) 1 QBD 658 Transport Industry - Waste Collection and Recycling (State) Award [2000] NSWIRComm 236 CASES CITED: Whisprun Pty Ltd (formerly Northwest Exports Pty Ltd) v Dixon (2003) 200 ALR 447
HEARING DATES: 10/19/2005 EXTEMPORE JUDGMENT DATE: 10/19/2005
Appellant: Ms E.S. Brus of counsel Solicitors: Ms A. Harvey Coleman & Greig LEGAL REPRESENTATIVES:
Respondent: Mr A.P. Joseph of counsel Solicitors: National Union of Workers, NSW Branch
JUDGMENT:
- 6 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
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