NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Fairfield City Council and Teresa Soria [2009] NSWIRComm 102
APPELLANT Fairfield City Council PARTIES: RESPONDENT New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union on behalf of Teresa Soria
FILE NUMBER(S): IRC 2406 of 2008
CORAM: Sams DP; Grayson DP; Bishop C
APPEAL - application for leave to appeal - appeal - unfair dismissal application - jurisdiction - whether applicant abandoned her employment - reliance on terms of enterprise agreement - applicant's leave refused - applicant obtains medical certificate for four weeks - applicant proceeds on trip to Bolivia - whether employer aware of circumstances - findings that employee had not abandoned her employment - should have been provided with show cause opportunity - termination of employment harsh, unjust and unreasonable - compensation ordered taking into account employee's 'contributory negligence'. CATCHWORDS: LEAVE TO APPEAL - principles considered - no issue of real significance or with wider application - interests only of direct parties - findings of fact reasonably open - appellant tribunal would not ordinarily grant leave where findings of fact reasonably open on the evidence - compensation ordered as a matter of discretion - discretion not improperly exercised - leave to appeal refused - appeal dismissed - stay orders dissolved.
LEGISLATION CITED: Anti Discrimination Act 1977 Industrial Relations Act 1996
Coal and Allied Operations Pty Limited v Australian Industrial Relations Commission and Others (2000) 203 CLR 194 Commissioner of Police v Dobbie (2006) 157 IR 44 D & R Commercial Pty Ltd v Flood (2002) 113 IR 344 CASES CITED: Dlugolecka v Todber Pty Ltd t/as Leisure Lea Gardens Retirement Village (2008) 174 IR 73 House v King (1936) 55 CLR 499 Stegbar Pty Ltd v Transport Workers' Union of New South Wales (on behalf of Cruikshank Transport Pty Ltd) (2008) 173 IR 350 Teresa Soria and Fairfield Council [2008] NSWIRComm 1051 Western Sydney Area Health Service v Gibson (2001) 109 IR 359
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