Graham v Department of Community Services [2001] NSWIRComm 166

Graham v Department of Community Services [2001] NSWIRComm 166

Leave to appeal is refused as the matter is not appropriate for grant of leave. No error by the primary judge in considering the applicant's conduct in determining unfairness; Day v Lumley Life Limited is not authority requiring employee conduct to be decisive in such assessment.

Parties
Applicant/appellant: Karen Graham; Respondent: Department of Community Services
Jurisdiction
Australia
Judgment Date
19 July 2001
Procedural Posture
Appeal / Application for Leave to Appeal And, If Granted, Appeal From Judgment of Boland J
Outcome
Leave to appeal refused; appeal dismissed; costs reserved.
Legal Topics
Unfair Contract Proceedings, Leave to Appeal, Assessment of Conduct in Unfair Contract Claims, Costs in Appeal Proceedings
Industrial Relations Unfair Contract Proceedings Leave to Appeal Assessment of Conduct in Unfair Contract Claims Costs in Appeal Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 1
Sign in to unlock

Parties

Karen Graham

Applicant/appellant

Department of Community Services

Respondent

Procedural Posture

Appeal / Application for Leave to Appeal And, If Granted, Appeal From Judgment of Boland J

Legal Issues

  1. 1 Whether leave to appeal should be granted in unfair contract proceedings under s 106 Industrial Relations Act 1996
  2. 2 Whether the primary judge erred in legal assessment of contract unfairness by reference to the conduct of the applicant

Ratio Decidendi

Leave to appeal is refused as the matter is not appropriate for grant of leave. No error by the primary judge in considering the applicant's conduct in determining unfairness; Day v Lumley Life Limited is not authority requiring employee conduct to be decisive in such assessment.

Court Disposition

Leave to appeal refused; appeal dismissed; costs reserved.

Orders

  • Leave to appeal is refused.
  • The appeal is dismissed.