Rechlin v Glendinning Management Consultations Australia Pty Limited [2012] NSWSC 1261

Rechlin v Glendinning Management Consultations Australia Pty Limited [2012] NSWSC 1261

On the proper construction of s 4(2)(a)(iii) of the Long Service Leave Act 1955, an employer is not confined to evidence known at the time of dismissal to establish that an employee was dismissed for serious and wilful misconduct. Both employers and employees may rely on after acquired information relevant to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 October 2012
Procedural Posture
Appeal / Decision on Appeal
Outcome
appeal dismissed
Legal Topics
['long Service Leave' 'statutory Interpretation' 'dismissal for Misconduct']
['employment Law'] ['long Service Leave' 'statutory Interpretation' 'dismissal for Misconduct']

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Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 ['Whether an employer can rely on after acquired information to establish serious and wilful misconduct under s 4(2)(a)(iii) Long Service Leave Act 1955' 'Proper construction of s 4(2)(a)(iii) of the Long Service Leave Act 1955']

Ratio Decidendi

On the proper construction of s 4(2)(a)(iii) of the Long Service Leave Act 1955, an employer is not confined to evidence known at the time of dismissal to establish that an employee was dismissed for serious and wilful misconduct. Both employers and employees may rely on after acquired information relevant to whether the serious and wilful misconduct in fact occurred; the section is concerned with whether such misconduct occurred, not how it is proved.

Court Disposition

appeal dismissed

Orders

  • ["The appeal is dismissed. Unless the parties approach within 14 days, Mr Rechlin is to bear the Company's costs of the appeal, as agreed or assessed."]