NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Upshot Pty Ltd. v Veolia Environmental Services (Australia) Pty Ltd [2017] NSWIRComm 1011 Hearing dates: Dealt with on the papers Date of orders: 22 March 2017 Decision date: 22 March 2017 Jurisdiction: Industrial Relations Commission Before: Stanton C Decision: Application dismissed Catchwords: Breach of contract - payment - applicant terminated 21 September 2012 - claim for severance payment - principles of statutory construction - statutory framework - no claim for reinstatement - Commission unable to determine whether reinstatement impractical pursuant to s314 (4) - no jurisdiction - application dismissed Cases Cited: Australian Education Union v Department of Education and Children's Services [2012] HCA 3; 248 CLR 1 and Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32, Public Service Association v Department of Education and Communities [2013] NSWIRComm 32 In Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross (Matter No S417/2011) [2012] HCA 56; (2012) 248 CLR 378 Transport Workers Union of NSW v Veolia Environmental Services (Association) Pty Ltd [2015] NSWIRComm 1009 Category: Principal judgment Parties: Up Shot Pty Ltd (Applicant)
Veolia Environmental Services (Australia) Pty Ltd (Respondent) Representation: Mr A Guy (Transport Workers' Union of NSW) (Applicant)
Mr A Gooch, Solicitor (Respondent)
Solicitors: M&K Lawyers Group Pty Ltd (Respondent) File Number(s): 2016/143289
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