NSW Caselaw
Industrial Court of New South Wales
CITATION: Abood v Heartland Motors Pty Ltd [2010] NSWIRComm 52
PARTIES: Kevin Abood (Appellant) Heartland Motors Pty Ltd (Respondent)
FILE NUMBER(S): IRC 1523 of 2009
CORAM: Walton J Vice-President; Haylen J; Staff J
CATCHWORDS: APPEAL - decision of Chief Industrial Magistrate - Long Service Leave Act 1955 - whether employee entitled to pro rata long service leave - whether contractually employer could unilaterally make material changes to employee's duties and responsibilities - whether changes so fundamental as to constitute repudiation of contract - construction of refinement clause in contract - appeal conducted substantially on issue not raised at first instance - conclusion open to his Honour on evidence adduced at first instance - no evidence called to enable assessment to be made of changes after implemented - no public interest in issue raised on appeal to require grant of leave to appeal - subject matter of appeal does not extend beyond interests of individual parties to appeal - no error to warrant grant of leave to appeal - leave to appeal refused
LEGISLATION CITED: Long Service Leave Act 1955
CASES CITED: Westen v Union des Assurances de Paris [1998-9] 88 IR 259
HEARING DATES: 1 March 2010
DATE OF JUDGMENT: 5 May 2010
Mr R Alkadamani of counsel (Appellant) Haywards Solicitors Pty Ltd LEGAL REPRESENTATIVES: Mr C Magee of counsel (Respondent) HWL Ebsworth Lawyers
JUDGMENT:
- 1 - INDUSTRIAL COURT OF NEW SOUTH WALES
FULL BENCH
CORAM: WALTON J Vice-President HAYLEN J STAFF J
Wednesday 5 May 2010
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