New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (on behalf of Simon Azzopardi) and Sutherland Shire Council [2008] NSWIRComm 235

Industrial Relations Commission of New South Wales

CITATION: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (on behalf of Simon Azzopardi) and Sutherland Shire Council [2008] NSWIRComm 235

APPELLANT/RESPONDENT IN CROSS-APPEAL: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (on behalf of Simon Azzopardi) PARTIES: RESPONDENT/APPELLANT IN CROSS-APPEAL: Sutherland Shire Council

FILE NUMBER(S): IRC 1994 and IRC 2130 of 2008

CORAM: Walton J Vice-President; Grayson DP; Tabbaa C

CATCHWORDS: Leave to appeal - Failed challenge to finding reinstatment impracticable - Failed challenge to finding that termination unjust and unreasonable based on timing of requisite unfairness - Challenge to power to make orders of compensation relating to notice found to have no utility - Leave refused

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 2 December 2008 EXTEMPORE JUDGMENT DATE: 2 December 2008

APPELLANT/RESPONDENT ON CROSS-APPEAL: Mr J Pearce of counsel SOLICITORS: Mr A Neal, Manager Legal & Industrial, New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union LEGAL REPRESENTATIVES: RESPONDENT/APPELLANT ON CROSS-APPEAL: Mr P Newall of counsel SOLICITORS: Ms K Dent Gadens Lawyers

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES