NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: NSW Nurses Association (on behalf of Debbie Rudder) v Booroongen Djugun Aboriginal Corporation [2006] NSWIRComm 343
APPELLANT New South Wales Nurses Association (on behalf of Debbie Rudder) PARTIES: RESPONDENT Booroongen Djugun Aboriginal Corporation
FILE NUMBER(S): IRC 2539 of 2006
CORAM: Sams DP; Boland J; Grayson DP
CATCHWORDS: Appeal - Leave to appeal - Unfair dismissal - Summary dismissal - Application for relief refused at first instance - Evidence relied upon in finding dismissal justified was not sufficient to satisfy Briginshaw standard of proof - Leave to appeal granted - Appeal upheld - Reinstatement ordered
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 New South Wales Nurses' Association (on behalf of Debbie Maree Rudder) and Booroongen Djugun Aboriginal Corporation [2006] NSWIRComm 1005
HEARING DATES: 01/11/2006 EXTEMPORE JUDGMENT DATE: 11/01/2006
APPELLANT Mr M J Kimber, SC NSW Nurses Association Mr C Blair LEGAL REPRESENTATIVES:
RESPONDENT Mr P Newall of counsel with Ms Winram Solicitor: Mr M Diamond Ebsworth & Ebsworth Lawyers
JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
FULL BENCH
CORAM: SAMS DP BOLAND J GRAYSON DP
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