NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Tay v Fanous and Goubran trading as Five Dock Newsagency [2010] NSWIRComm 75
PARTIES: Joseph Tay (Appellant) A Fanous, F Fanous and J Goubran and M E Goubran trading as Five Dock Newsagency (Respondent)
FILE NUMBER(S): IRC 14 of 2010
CORAM: Boland J President; Backman J; Ritchie C
CATCHWORDS: APPEAL - unfair dismissal - s 84 of Industrial Relations Act 1996 - appellant dismissed for failing to deliver newspapers - appellant's application under s 84 dismissed at first instance for want of jurisdiction - leave to appeal considered - whether demonstrable error disclosed in first instance decision that might provide a basis for grant of leave to appeal - no demonstrable error in first instance decision - no other basis made out for grant of leave to appeal - leave to appeal refused - appeal dismissed - no order as to costs
LEGISLATION CITED: Industrial Relations Act 1996
Allchin v Commissioner of Police (No 2) [2007] NSWIRComm 280; (2007) 168 IR 170 Bankstown City Council v Paris (1999) 93 IR 209 Dee Donovan and Tanya Sullivan t/as Blaze on Stage Pty Ltd [2005] NSWIRComm 362 CASES CITED: Hollis v Vabu Pty Ltd [2001] HCA 44; (2001) 207 CLR 21 Joseph Tay and A Fanous & F Fanous & J Goubran & ME Goubran trading as Five Dock Newsagency [2009] NSWIRComm 1094 King v State Bank of New South Wales (No 2) [2002] NSWIRComm 353 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Stevens v Brodribb Sawmilling Co Pty Ltd (1986) 160 CLR 16
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