Rail Corporation of New South Wales v Elleray [2013] NSWIRComm 86

Industrial Relations Commission New South Wales Medium Neutral Citation: Rail Corporation of New South Wales v Elleray [2013] NSWIRComm 86 Hearing dates: 30 August 2013 Decision date: 30 September 2013 Jurisdiction: Industrial Court of NSW Before: Boland J President; Haylen J; Staff J Decision: (1) Leave to appeal is granted. (2) The appeal is upheld. (3) The matter is remitted to the Transport Appeal Board for determination according to law. (4) No order as to costs. Catchwords: APPEAL - leave to appeal - s 23A Transport Appeal Boards Act 1980 - unfair dismissal - respondent dismissed and reinstated by Commissioner - whether error of law re failure to make findings of fact necessary to resolve controversy and whether the dismissal was just and reasonable - principles - error of law - appeal upheld - matter remitted to TAB to be determined according to law Legislation Cited: Consumer Trader and Tenancy Tribunal Act 2001 Government and Related Employees Appeal Tribunal Act 1980 Industrial Relations Act 1996 Transport Appeal Boards Act 1980 Cases Cited: Bibby v Rail Corporation New South Wales [2013] NSWTAB 4 David John Elleray and Rail Corporation of New South Wales ("RailCorp") [2013] NSWTAB 3 Edyp & Ors v Brazbuild Pty Ltd [2011] NSWCA 218 Hutchinson v Roads and Traffic Authority [2000] NSWCA 332 Rail Corporation v Brown [2012] NSWIRComm 14 Rail Corporation of New South Wales v Brown [2012] NSWCA 296 Category: Principal judgment Parties: Rail Corporation of New South Wales (Appellant) David John Elleray (Respondent) Representation: Counsel: Ms N Sharp (Appellant) Mr P Doyle (Respondent) Solicitors: Marque Lawyers (Appellant) John Stonham & Co (Respondent) File Number(s): IRC 443 of 2013 Decision under appeal Citation: David John Elleray and Rail Corporation of New South Wales ("RailCorp") [2013] NSWTAB 3 Date of Decision: 2013-05-07 00:00:00 Before: Tabbaa C File Number(s): TAB 255 of 2012