NSW Caselaw
Industrial Court of New South Wales
CITATION: Ceccato v Almona [2007] NSWIRComm 318 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Phillip Ceccato PARTIES: RESPONDENT Almona Pty Ltd
FILE NUMBER(S): IRC 4871 of 2005
CORAM: Staff J
Breach of Annual Holidays Act and Long Service Leave Act - Recovery of unpaid annual leave and long service leave upon termination of employment - Whether payment of annual leave made in lieu of taking holidays - Whether payments made after termination were intended to be a payment in respect of long service leave and thus able to be set off against claim for such payment - Held - Employee entitled to payment for annual leave and long service leave - Orders made - Section 365 of Industrial Relations Act
CATCHWORDS: Annual leave - Breach of Annual Holidays Act and Long Service Leave Act - Recovery of unpaid annual leave and long service leave upon termination of employment - Whether payment of annual leave made in lieu of taking holidays - Whether payments made after termination were intended to be a payment in respect of long service leave and thus able to be set off against claim for such payment - Held - Employee entitled to payment for annual leave and long service leave - Orders made - Section 365 of Industrial Relations Act
Long Service Leave - Breach of Annual Holidays Act and Long Service Leave Act - Recovery of unpaid annual leave and long service leave upon termination of employment - Whether payment of annual leave made in lieu of taking holidays - Whether payments made after termination were intended to be a payment in respect of long service leave and thus able to be set off against claim for such payment - Held - Employee entitled to payment for annual leave and long service leave - Orders made - Section 365 of Industrial Relations Act
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