NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Stewart v. Tulgeen Group Diability Services [2008] NSWIRComm 1001
APPLICANT Australian Services Union PARTIES: RESPONDENT Tulgeen Group Disability Services
FILE NUMBER(S): IRC 1462 of 2007
CORAM: Connor C
CATCHWORDS: termination of employment - claim of unfair dismissal - issues of jurisdiction - whether a matter has been formally withdrawn - functus officio - argument over whether a matter has been concluded - matter still remains a live issue - question of the status of the employer to be considered
LEGISLATION CITED: Industrial Relations Act 1996 Federal Workplace Relations Amendment (Work Choices) Act 2005
Ainsworth v. Wilding (1896) 1 Ch.673 Bailey v. Marinoff (1971) 125 CLR 529 CASES CITED: Bindoff v. Bio Septic Pty Limited - unreported Ex parte Hassell; re Quirk (1937) 37 SR(NSW) 192 Smith v. Boston (1999) 97 IR 1 Wentworth v. Wentworth (1999) NSWSC 638
HEARING DATES: 11.12.2007
DATE OF JUDGMENT: 31 January 2008
APPLICANT Stanley Koulouris Australian Services Union LEGAL REPRESENTATIVES:
RESPONDENT Dominique Rideaux Clark Rideaux
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: CONNOR C
Thursday, 31 January, 2008
Matter No IRC IRC 1462 of 2007
Ross Stewart and Tulgeen Group Disability Services
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