NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Brooke- Cowden v PricewaterhousCoopers Services Pty Ltd [2006] NSWIRComm 173
APPLICANT- Julie Debra Brooke- Cowden PARTIES: RESPONDENT- PricewaterhouseCoopers Services Pty Ltd
FILE NUMBER(S): 1375 of 2004
CORAM: Marks J
CATCHWORDS: UNFAIR CONTRACTS – employer's firm merged with respondent – applicant's division divested to another firm – respondent offered applicant alternative employment at other firm- applicant refused offer – offer did not include redundancy payment if refused by applicant; whether mitigation applies. Held: applicant entitled to redundancy payment – applicant's perception relevant as long as it is genuinely and reasonable held – mitigation to apply only to notice and not severance pay – employment contract varied.
LEGISLATION CITED: Industrial Relations Act 1996 Employment Protection Regulation 2001
Schwartz v Central Sydney Area Health Service & Anor [2002] NSWIRComm 79 Westfield Holdings v Adams (2002) 114 IR 241 Brent v Bastian (2003) 124 IR 223 CASES CITED: English v Aradlay Insurance Brokers Pty Ltd [2005] NSWIRComm 253 Federal Termination, Change and Redundancy Case (1984) 8 IR 34 Employment Protection Act Case (1983) 7 IR 273 Caulfield v Broken Hill City Council (1995) 60 IR 221
HEARING DATES: 08/05/06- 09/05/06
DATE OF JUDGMENT: 06/01/2006
APPLICANT Mr R Alkadamani of counsel Solicitor: Ms M Archer Haywards Solicitors LEGAL REPRESENTATIVES:
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