New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (obo De Vera) v Georges River Council [2021] NSWIRComm 1029

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (obo De Vera) v Georges River Council [2021] NSWIRComm 1029

In circumstances where acceptable alternative employment has been obtained for Mr De Vera following operational changes that constitute significant workplace change, and upon the parties' agreement, it is appropriate under cl 42(xii) of the Award that his severance pay entitlement be reduced from 34 weeks to 17 weeks.

Jurisdiction
Australia
Judgment Date
29 March 2021
Procedural Posture
Industrial Dispute / Orders by Consent After Conciliation
Outcome
orders made by consent
Legal Topics
['industrial Dispute' 'redundancy' 'severance Pay' 'award Interpretation' 'workplace Change']
['employment and Industrial Law'] ['industrial Dispute' 'redundancy' 'severance Pay' 'award Interpretation' 'workplace Change']

Case Brief

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Procedural Posture

Industrial Dispute / Orders by Consent After Conciliation

Legal Issues

  1. 1 ['Whether Mr De Vera is entitled to work ordinary hours on weekends as a condition of employment' 'Whether operational changes resulting in removal of weekend work constitute a workplace change with significant effects under the Award' 'Whether reduction of severance pay is appropriate due to acceptable alternative employment']

Ratio Decidendi

In circumstances where acceptable alternative employment has been obtained for Mr De Vera following operational changes that constitute significant workplace change, and upon the parties' agreement, it is appropriate under cl 42(xii) of the Award that his severance pay entitlement be reduced from 34 weeks to 17 weeks.

Court Disposition

orders made by consent

Orders

  • ["Mr De Vera's employment with the Council regarded as terminated due to redundancy effective 10 March 2021" 'The Council to pay Mr De Vera five weeks pay in lieu of notice' 'Severance pay to be reduced from 34 weeks to 17 weeks' 'The Council to pay Mr De Vera 17 weeks severance pay' 'The Council to pay Mr De Vera...