NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Westbus Pty Ltd v Bartush [2000] NSWIRComm 26 APPELLANT Westbus Pty Ltd PARTIES : RESPONDENT David Bartush FILE NUMBER: IRC4248 of 1998 CORAM: Wright J President; Hungerford J; Marks J Long Service Leave - Appeal from Local Court - Worker terminated employment with more than 5 but less than 10 years' service - Claimed loss of income and inability to collect child after school following changes in employment conditions - Whether "domestic or other pressing necessity" - Test to apply - Appeal upheld CATCHWORDS : Appeal - Appeal from Local Court - Whether leave to appeal required - Whether matter justified grant of leave - Leave to appeal granted - Appeal upheld LEGISLATION CITED : Industrial Relations Act 1996 s 188 and s 197(1) Long Service Leave Act 1955 s 4(2)(a)(iii) and s 14(c) British Motor Corporation (Aust) Pty Ltd v Chance [1965] AR (NSW) 364 CASES CITED : Computer Sciences of Australia Pty Ltd v Leslie [1983] AR (NSW) 828 Drake Personnel Ltd t/as Drake Industrial v WorkCover Authority of New South Wales (Inspector Ch'Ng) (1999) 90 IR 432 Lawrenson Diecasting Pty Ltd v WorkCover Authority of New South Wales (Inspector Ch'Ng) (1999) 90 IR 464 HEARING DATES: 03/04/1999; 08/18/1999; 11/10/1999 DATE OF JUDGMENT: 03/27/2000
APPELLANT Mr R S Warren of Counsel SOLICITORS Anderson Legal LEGAL REPRESENTATIVES: RESPONDENT Mr E Young (Solicitor) SOLICITORS Turner Freeman
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