Bellambi Bowling Recreation & Sports Club Ltd v Grammel [2001] NSWIRComm 173

Industrial Relations Commission of New South Wales

CITATION : Bellambi Bowling Recreation & Sports Club Ltd v Grammel [2001] NSWIRComm 173 APPELLANT: Bellambi Bowling Recreation & Sports Club Ltd PARTIES : RESPONDENT: Kitty Grammel FILE NUMBER: IRC 3903 of 2001 CORAM: Walton J Vice-President CATCHWORDS : Appeal - Unfair dismissal proceedings - First instance orders to reinstate and pay certain monies - Application for stay of orders at first instance - Financial position of the respondent and attempts to resume employment after orders made - General principles regarding the grant of a stay in appeal proceedings - Consideration of prospects for success of appeal - Appeal arguable but with real difficulties - Relevance of prospects of success to stay of reinstatement order - Issue of size of club and casual nature of employment - Balance of convenience - Prospects of appeal significant to consideration of balance of convenience - Financial difficulties of respondent - Failure to put to respondent that she could not repay - Relevant that stay affects respondents financial position - Stay granted on terms LEGISLATION CITED : Industrial Relations Act 1996 Alexander and others v Cambridge Credit Corporation Ltd (Receivers Appointed) and another (1985) 2 NSWLR 685 Bankstown City Council v Paris (unreported, Peterson J, Matter No IRC262 of 1999, 29 January 1999) Bechtel Australia Pty Ltd and G Willis [Print T4974, 22/12/00] CASES CITED : Campbells Cash and Carry Pty Limited v National Union of Workers, New South Wales Branch [2001] NSWIRComm 79 Kellow-Falkiner Motors Pty Ltd and Edghill [Print S4216, 24/01/01] Rich River Golf Club v Power [1995] NSWIRComm 75 Transport Industry - Waste Collection and Recycling (State) Award Re (2000) 102 IR 192 Transport Industry (Courier & Taxi Truck) Contract Determination Re (unreported, Hungerford J, Matter No IRC2533 of 1992, 21 December 1992) HEARING DATES: 06/15/2001; 06/20/2001 DATE OF JUDGMENT: 07/26/2001