NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Nestoroski v. BlueScope Steel (AIS) Pty Limited [2006] NSWIRComm 1140
APPLICANT Lupco Nestoroski PARTIES: RESPONDENT BlueScope Steel (AIS) Pty Limited
FILE NUMBER(S): IRC 2929 of 2006
CORAM: Connor C
CATCHWORDS: termination of employment - workplace injury - claim of unfair dismissal - jurisdiction challenged by employer - further application lodged in the Federal unfair dismissal regime - State claim beyond jurisdiction - the obligation to give an undertaking not to proceed under other legislation - leave for discontinuance granted
Industrial Relations Act, 1991 LEGISLATION CITED: Industrial Relations Act 1996 Interpretation Act, 1987 Federal Workplace Relations Amendment (Work Choices) Act, 2005
Liddell v. Lembke (1994) 56 IR 447 CASES CITED: Penrith Quarry Case - unreported Woolstar Pty Limited v. Federated Storemen and Packers' Union of Australia (1992) 45 IR 39
HEARING DATES: 26/09/2006
DATE OF JUDGMENT: 09/26/2006
EXTEMPORE JUDGMENT DATE : 09/27/2006
APPLICANT Allison White Nikolovski Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mark Davis BlueScope Steel (AIS) Pty Limited
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: CONNOR C
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