NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Hans Continental Smallgoods Pty Ltd and Sandra Farrell [2005] NSWIRComm 1103
APPLICANT Hans Continental Smallgoods Pty Ltd
PARTIES: RESPONDENT Sandra Farrell
FILE NUMBER(S): IRC5706 of 2004
CORAM: McKenna C
CATCHWORDS: Application not to pay severance pay - Employment Protection Regulation 2001 considered - Clerical and Administrative Employees (State) Award considered - Acceptable alternative employment - Order exempting payment not made out - Application dismissed - Interest on payment recommended
Employment Protection Regulation 2001 LEGISLATION CITED:
HEARING DATES: 03/07/2005; 03/08/2005; 05/17/2005
DATE OF JUDGMENT: 06/23/2005
APPLICANT Mr M Rodgers, agent LEGAL REPRESENTATIVES: RESPONDENT Mr J Law, agent
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: MCKENNA C
23 June 2005
Matter No IRC 5706 of 2004
HANS CONTINENTAL SMALLGOOODS PTY LTD AND SANDRA FARRELL
Application by Hans Continental Smallgoods Pty Ltd for orders not to pay severance pay
DECISION
[2005] NSWIRComm 1103
1 Sandra Farrell was formerly employed by Hans Continental Smallgoods Pty Ltd as a Senior Accounts Payable Clerk. Hans gave Mrs Farrell notice of termination in a letter dated 31 August 2004. That letter read: Dear Sandra,
Re: Restructure of Accounts Dept
The company has held discussions with you to advise of the decision to make the position of Senior Accounts Payable Clerk redundant.
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