NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Department of Health v Kaplan (No 3) [2010] NSWIRComm 170
PARTIES: Director-General of NSW Health Department, Health Support Services Division (Appellant) Perihan Kaplan (Respondent)
FILE NUMBER(S): IRC 1838 of 2009
CORAM: Walton J Vice-President; Haylen J; Bishop C
CATCHWORDS: APPEAL - part heard - balance of appeal - previous confirmation finding harshness - appropriate remedy - application for fresh evidence refused - reinstatement or re-employment impracticable - compensation - no evidence warranting discount to compensation - maximum compensation ordered - question of costs reserved - provision for further costs submissions - costs to be resolved on papers - stay dissolved.
LEGISLATION CITED: Industrial Relation Act 1996
Kaplan v Dept of Health Support Service [2009] NSWIRComm 1088 CASES CITED: Department of Health v Perihan Kaplan (No 1) [2010] NSWIRComm 65 Department of Health v Perihan Kaplan (No 2) [2010] NSWIRComm 122 Perkins v Grace Worldwide (Aust) Pty Ltd (1997) 72 IR 186
HEARING DATES: 24 March 2010, 8 June 2010, 29 July 2010, 14 October 2010
DATE OF JUDGMENT: 2 December 2010
Mr M Easton of counsel (Appellant) Director-General of NSW Health Department, Health Support Services Division LEGAL REPRESENTATIVES:
Mr E Schofield (Respondent) Schofield King Lawyers
JUDGMENT:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES FULL BENCH CORAM: WALTON J, Vice-President HAYLEN J BISHOP C Thursday 2 December 2010
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