NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Plummer v Stannard Bros Launch Service Pty Limited [2005] NSWIRComm 301
APPELLANT Christopher Dean Plummer PARTIES: RESPONDENT Stannard Bros Launch Service Pty Limited
FILE NUMBER(S): IRC 2784 of 2005
CORAM: Wright J President; Boland J; Stanton C
CATCHWORDS: Appeal - Leave to appeal - Unfair dismissal - Reinstatement primary remedy - Whether failure at first instance to make a finding regarding impracticability of reinstatement - Technical error not sufficient to warrant leave to appeal - Error as to compensation awarded - Amount of compensation increased - Additional evidence on Appeal - Observations regarding re-organisation of respondent's business and the impracticability of reinstatement - Leave to appeal granted - Appeal upheld
LEGISLATION CITED: Industrial Relations Act 1996
Burge v NSW BHP Steel Pty Ltd (2001) 105 IR 325 Christopher Dean Plummer and Stannard Bros Launch Service Pty Limited [2005] NSWIRComm 1068 Entertainment Distributors Company Pty Limited and Anor v Burnard and Ors (1993) 49 IR 446 CASES CITED: Humphries v Cootamundra Ex-Services and Citizens Memorial Club Limited (2003) 128 IR 37 Little v Commissioner of Police (No.2) (2002) 112 IR 212 Wells v Lloyd Moffat Investments Pty Ltd t/as Moffats Oyster Barn Restaurant (1998) 83 IR 226
HEARING DATES: 08/02/2005
DATE OF JUDGMENT: 08/29/2005
APPELLANT Mr R Reitano of counsel Solicitor: Mr P Macken Leigh Virtue & Associates LEGAL REPRESENTATIVES:
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