NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Hanson Construction Materials Pty Ltd v William Pepper [2008] NSWIRComm 141
APPELLANT: Hanson Construction Materials Pty Ltd PARTIES: RESPONDENT: William Pepper
FILE NUMBER(S): IRC 464 of 2008
CORAM: Schmidt J; Backman J; Tabbaa C
CATCHWORDS: Appeal from decision of Commissioner - unfair dismissal under s 84 Industrial Relations Act 1996 - whether error in finding that dismissal was harsh - whether error in interpretation of s 89(2) - whether position to which Commissioner ordered re-employment available - leave to appeal refused - appeal dismissed
LEGISLATION CITED: Industrial Relations Act 1996 Industrial Relations Act 1991
Anderson v Northern Co-operative Meat Company Pty Ltd (2004) 137 IR 404 Commonwealth Steel Co Ltd and David Alfred Ward (Unreported, Industrial Relations Commission of New South Wales Full Commission, Hill and Hungerford JJ, Sheils CC, 16 December 1994) Effem Foods Pty Limited t/a Uncle Ben's of Australia v Urban (1998) 81 IR 341 Entertainment Distributors Company Pty Ltd v Burnard (1993) 49 IR 446 CASES CITED: Gittani Stone Pty. Limited v. Pavkovic (2007) Aust Tort Reports 81-924 Hudson v Ridge Manufacturing Co Ltd [1957] 2 QB 348 IGA Distribution Pty Ltd v Moses (No 2) (2002) 114 IR 307 Kay v ITW Limited [1968] 1 QB 140 Riley v WorkCover Authority (NSW) (2006) 151 IR 396 WorkCover Authority (NSW) (Inspector Maddaford) v Coleman (2004) 138 IR 21
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