Federated Municipal & Shire Council Employees Union, NSW Division v Hastings Shire Council [2001] NSWIRComm 95

Federated Municipal & Shire Council Employees Union, NSW Division v Hastings Shire Council [2001] NSWIRComm 95

On the fuller evidence before the Commission, Mr Waind and Mr Walsh had provided care and support to ill family members within the prescribed relationships under the award. Although the Council was entitled to take the position it took on the deficient information initially available, in full knowledge of the true circumstances the applications for carer's leave should have been granted.

Jurisdiction
Australia
Judgment Date
11 May 2001
Procedural Posture
Notification Under Section 130 of a Dispute Concerning Alleged Breach of Award and Entitlement to Carer's Leave / Arbitration After Compulsory Conference Proceedings Failed and a Certificate of Attempted Conciliation Was Issued
Outcome
Applications for paid carer's leave allowed for the disputed days.
Legal Topics
["carer's Leave" 'sick Leave Entitlements' 'award Interpretation' 'local Government (state) Award 2000']
['industrial Relations' 'employment Law'] ["carer's Leave" 'sick Leave Entitlements' 'award Interpretation' 'local Government (state) Award 2000']

Case Brief

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Procedural Posture

Notification Under Section 130 of a Dispute Concerning Alleged Breach of Award and Entitlement to Carer's Leave / Arbitration After Compulsory Conference Proceedings Failed and a Certificate of Attempted Conciliation Was Issued

Legal Issues

  1. 1 ["Whether Mr Michael Waind was entitled to paid carer's leave for absences on 22 and 23 August 2000 and 11 and 12 October 2000 to care for and support his wife during medical procedures and appointments in Sydney." "Whether Mr Jason Walsh was entitled to paid carer's leave for 3 and 4 July 2000 when his wife was ill and he cared for his wife and young children." "Whether the Council's refusal of carer's leave should stand where fuller evidence before the Commission showed care and support was provided to ill prescribed family members."]

Ratio Decidendi

On the fuller evidence before the Commission, Mr Waind and Mr Walsh had provided care and support to ill family members within the prescribed relationships under the award. Although the Council was entitled to take the position it took on the deficient information initially available, in full knowledge of the true circumstances the applications for carer's leave should have been granted.

Court Disposition

Applications for paid carer's leave allowed for the disputed days.

Orders

  • ["Mr Waind and Mr Walsh are to be paid as carer's leave out of their sick leave for the days disputed in the matter."]