Ford v SAS Trustee Corporation and Anor [2000] NSWIRComm 92

Industrial Relations Commission of New South Wales in Court Session

CITATION : Ford v SAS Trustee Corporation and Anor [2000] NSWIRComm 92 APPLICANT Roger Francis Ford

PARTIES : FIRST RESPONDENT SAS Trustee Corporation

SECOND RESPONDENT Commissioner of Police FILE NUMBER: IRC 1878 of 1999 CORAM: Hungerford J Superannuation - Application for declarations of right - Length of service for calculation of superannuation benefits - Either annual superannuation allowance or lump sum gratuity of 2 years' salary - Service of 20 years or more - Meaning of "special leave without pay which is sick leave" - Whether "leave without pay" because of medical condition qualifies as "sick leave" for inclusion as service being special leave without pay - Function of trustee - Effect of decision by employer as to nature of the leave - Jurisdiction to make declaratory orders - Whether in relation to an industrial matter - Whether in relation to a superannuation appeal - Jurisdiction upheld - Principles for grant of declaratory relief - Discretion - Purported settlement of claim - Continuing controversy between parties - Declarations made.

Police - Entitlement to special sick leave without pay - Absence on leave without pay because of medical condition - Whether truly sick leave so as to be treated as such - Failure of employer to notify police officer of leave accrued and available - Relevance of employer's decision as to nature of leave for superannuation purposes - Function and role of trustee of Police Superannuation Fund in deciding qualifying period of service.