NSW Caselaw
Industrial Court of New South Wales
CITATION: Brown v State of New South Wales (Dept of Planning) [2010] NSWIRComm 126
PARTIES: Stephen Ellis Brown (Applicant) State of NSW (Dept of Planning) (Respondent)
FILE NUMBER(S): IRC 836 of 2008
CORAM: Marks J
CATCHWORDS: UNFAIR CONTRACT – whether applicant's position was made redundant – restructure of department - whether applicant entitled to voluntary redundancy package – diminution of responsibilities – applicant sought new position in private sector – impact of changes on applicant's role and responsibilities – objective test of unfairness – held actual position of applicant not substantially changed – summons dismissed with costs
LEGISLATION CITED: Environmental Planning and Assessment Act – Part 3A Industrial Relations Act 1996 - s 106
Jones v Department of Energy and Minerals (1995) 60 IR 304 CASES CITED: Schwartz v Central Sydney Area Health Service & Anor [2002] NSWIRComm 79 Whittaker v Unisys Australia Pty Ltd [2010] VSC 9
HEARING DATES: 7, 21 to 25 June and 23 August 2010
DATE OF JUDGMENT: 3 September 2010
Mr M Gibian of counsel (Applicant) Solicitor: Turner Freeman Lawyers LEGAL REPRESENTATIVES: Ms E Brus of counsel (Respondent) Solicitor: Crown Solicitors
JUDGMENT:
INDUSTRIAL COURT OF NEW SOUTH WALES
CORAM: Marks J
Friday 3 September 2010
Matter No IRC 836 of 2008
Stephen Ellis Brown v State of New South Wales (Department of Planning)
Application under s 106 of the Industrial Relations Act 1996
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