NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Malesu v SWAHS [2010] NSWIRComm 1073
APPLICANT: PARTIES: Dr Rammohan Malesu RESPONDENT Sydney West Area Health Service
FILE NUMBER(S): 412 of 2010
CORAM: Ritchie C
Unfair dismissal claim. Through conciliation agreement reached and placed on record. Applicant submitted that respondent had not adhered to agreement. Applicant submitted that respondent had misled applicant into making agreement. CATCHWORDS: Notice of Motion filed by respondent to enforce agreement. Evidence heard from respondent that it had taken action in accordance with the agreement. Commission found that actions of respondent in accordance with the appropriate policy. Commision found that respondent had not misled applicant. Orders made in accord with the agreeement. Unfair dismissal matter dismissed.
LEGISLATION CITED: Industrial Relations Act,1996
Masters v Cameron (1954) HCA 72 CASES CITED: Timothy Fox v GIO Australia Limited (2002) NSW IRComm318 Harvey v Phillips 7Others 95CLRC243 De Payne v The University of Sydney 7Anor(2000) NSW IRComm102
HEARING DATES: 03/12/10
DATE OF JUDGMENT: 21 December 2010
Applicant for the Notice of Motion Mr M Byrnes solicitor of Clayton Utz Lawyers LEGAL REPRESENTATIVES: Respondent for the Notice of Motion Mr C McArdle solicitor of McArdle Legal
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