NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Ozcan v Sydney South West Area Health [2008] NSWIRComm 1078
APPLICANT Anton Ozcan PARTIES: RESPONDENT Director General of Health in respect of Sydney South West Area Health Service
FILE NUMBER(S): 484 of 2008
CORAM: Cambridge C
CATCHWORDS: Unfair dismissal - termination of employment - casual engagement - operation of s.83(2)(c) of Act - applicant not engaged on casual basis for a short period - valid claim - dismissal held as unreasonable and unjust - operation of relevant Industrial Instruments - reinstatement impractical - compensation Ordered.
LEGISLATION CITED: Industrial Relations Act 1996
Ryde-Eastwood Leagues Club Limited v Taylor, Full Commission of Industrial Relations Commission of New South Wales, [Bauer and Hungerford JJ, Murphy CC], 56IR 385. CASES CITED: Reed v Blue Line Cruises Limited, (1996), Industrial Relations Court of Australia, [Moore J], 73 IR 420. Shop Distributive and Allied Employees' Association, New South Wales v Librus Pty Ltd, t/as Dymocks Parramatta, [2001] NSWIRComm 46, Full Commission of Industrial Relations Commission of NSW, [Walton VP Hungerford J & Patterson C.]
HEARING DATES: 11/08/08
DATE OF JUDGMENT: 22 October 2008
APPLICANT Self represented LEGAL REPRESENTATIVES:
RESPONDENT Ms J Clark
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
COMMISSIONER CAMBRIDGE
22 October 2008
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