NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Ridgey Didge Pies Pty Ltd v Gregory Prott [2004] NSWIRComm 236 PARTIES : Ridgey Didge Pies Pty Ltd Mr Gregory Prott FILE NUMBER: IRC 3365 of 2004 CORAM: Harrison DP CATCHWORDS : Notification under s 130 of the Act re redundancy payment - dispute over award entitlement - application of exemption to payment on grounds that suitable alternative employment was found by employer. Held - acceptable alternative employment offered - refusal of employment offered on preference of employee not fault of employer - order exempting employer from payment of redundancy. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 08/10/2004 EXTEMPORE JUDGMENT DATE : 08/17/2004
APPLICANT Mr W Linney LEGAL REPRESENTATIVES: RESPONDENT Mr Gregory Prott
JUDGMENT: - 4 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Tuesday, 17 August 2004 Matter No IRC 3365 of 2004
Notification under section 130 by Ridgey Didge pies pty ltd OF A DISPute with gregory prott re redundancy payment DECISION [2004] NSWIRComm 236
1 This matter arises from a dispute between Ridgey Didge Pies Pty Ltd ("the Company") and Mr Gregory Prott concerning payment of redundancy in accordance with the Bread Industry (State) Award 319 IG 505 ("the Award").
2 The matter was unable to be resolved in conciliation and was subject to arbitration on 10 August 2004. An ex-tempore decision was put in transcript. That decision is now formally published.
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