NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION : Shop, Distributive and Allied Employees' Association v Kandos Traders Pty Ltd [2003] NSWIRComm 140 APPLICANT Shop, Distributive Allied Employees Association, New South Wales (on behalf of Kylie Michelle Godwin) PARTIES : DEFENDANT Kandos Traders Pty Limited FILE NUMBER: IRC 5438 of 2002 CORAM: Boland J CATCHWORDS : Dismissal of injured employee - Application under s 99 of Industrial Relations Act 1996 - Shop assistant injured her back whilst at work and was consequently terminated - Employer received incorrect advice - Seriousness of offence - Need for deterrence - Whether section 10 of Crimes (Sentencing Procedure) Act 1999 should be applied - Offence proven - Fine imposed Compensation Act 1998 Crimes (Sentencing Procedure) Act 1999 LEGISLATION CITED : Industrial Relations Act 1996 Victims Compensation Act 1996 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 CASES CITED : HEARING DATES: 03/19/2003 DATE OF JUDGMENT: 06/26/2003
PROSECUTOR Mr L Kinley Shop, Distributive & Allied Employees' Association, New South Wales
LEGAL REPRESENTATIVES: DEFENDANT Ms E Brus of counsel with Mr Gillan The Australian Retailers Association (NSW)
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION
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