NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Greg Anderson and Karen Lansdell [2008] NSWIRComm 179
APPELLANT Greg Anderson PARTIES: RESPONDENT Karen Lansdell
FILE NUMBER(S): IRC 1080 of 2008
CORAM: Walton J Vice-President; Sams DP; Stanton C
CATCHWORDS: Appeal - Unfair dismissal - Principles re leave to appeal - Challenge to factual findings - Offer of re-employment - Assessment of compensation - Meaning of 'alternative employment' in s 89(6) - Matter not raised first instance - Leave refused
LEGISLATION CITED: Industrial Relations Act 1996 s 84, s 89
CASES CITED: Hosemans v Commissioner of Police (No 4) (2005) 150 IR 263
HEARING DATES: 29 September 2008 EXTEMPORE JUDGMENT DATE: 29 September 2008
APPLICANT Mr J Pearce of counsel Mr D Phair Proctor Phair Lawyers LEGAL REPRESENTATIVES: RESPONDENT Mr J Darams of counsel Ms P McDonough Inner City Legal Centre
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
FULL BENCH
CORAM: WALTON J, Vice-President SAMS DP STANTON C
Monday 29 September 2008
Matter No IRC 1080 of 2008
GREG ANDERSON AND KAREN LANSDELL
Application by Greg Anderson for leave to appeal and appeal against a decision of Commissioner McLeay given on 19.6.2008 in Matter No IRC 124 of 2008 DECISION OF THE COMMISSION EX TEMPORE [2008] NSWIRComm 179
1 This is an application for leave to appeal and, if leave be granted, appeal from a decision of Commissioner McLeay given on 19 June 2008, in which the Commissioner found Ms Karen Lansdell's dismissal was harsh and unjust and ordered Mr Greg Anderson to pay Ms Lansdell an amount of $4,500 compensation.
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