NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Buttigieg and Shoalhaven City Council [2010] NSWIRComm 43
PARTIES: Norman Joseph Buttigieg (Appellant) Shoalhaven City Council (Respondent)
FILE NUMBER(S): IRC 1701 of 2009
CORAM: Walton J Vice-President; Haylen J; Staff J
CATCHWORDS: APPEAL - Industrial Relations Act 1996 - unfair dismissal proceedings under Ch 2, Pt 6 - employee of Local Council demoted from position of Supply Team Leader to position of storekeeper - terms of award incorporated into contract of employment - award provides for employer to demote for disciplinary reasons - parties agree to split questions of jurisdiction from questions of merit - appeal conducted substantially on issues not raised at first instance - lack of evidence as to award history and demotion provisions - case developed on appeal not appropriate to attract leave to appeal - issue of whether "demotion" is a "dismissal" for purposes of Ch 2, Pt 6 proceedings to await a fully argued contention - leave to appeal refused
LEGISLATION CITED: Industrial Relations Act 1996, Ch 2, Pt 6. s 83(5) Local Government (State) Award 2004
CASES CITED: Tilburg v Nagle (1993) 46 IR 463
HEARING DATES: 2 March 2010. (Written submissions: 19 March 2010, 26 March 2010)
DATE OF JUDGMENT: 9 April 2010
Mr L Gor of counsel (Appellant) Kelly Mullard White, Solicitors LEGAL REPRESENTATIVES: Mr A Moses SC with Mr D O'Sullivan of counsel (Respondent) Local Government Association of New South Wales
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
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