Tooheys Pty Limited v Genellos [2012] FCA 572

Tooheys Pty Limited v Genellos [2012] FCA 572

The Agreement gives an enforceable entitlement to paid sick leave of up to 70 hours per annum, provided procedural conditions are met, but paid sick leave beyond that is only available at the employer’s discretion according to Group policy; the Chief Industrial Magistrate erred in finding an unlimited entitlement.

Parties
Appellant: Tooheys Pty Limited; Respondent: Glenn Genellos
Jurisdiction
Australia
Judgment Date
01 June 2012
Procedural Posture
Appeal / Judgment on Appeal From Chief Industrial Magistrate
Outcome
Orders of the Chief Industrial Magistrate set aside. Matter to be relisted for directions regarding consideration of the respondent's requests for further sick leave according to policy.
Legal Topics
Enterprise Agreements, Sick Leave Entitlements, Construction of Industrial Instruments
Industrial Law Enterprise Agreements Sick Leave Entitlements Construction of Industrial Instruments

Case Brief

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Parties

Tooheys Pty Limited

Appellant

Glenn Genellos

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Chief Industrial Magistrate

Legal Issues

  1. 1 Whether the entitlement to paid sick leave under the Tooheys Limited (Auburn Brewery) Enterprise Agreement 2008 was unlimited or subject to a discretion for sick leave in excess of 70 hours per annum
  2. 2 Proper construction of clause 5.4 of the Agreement
  3. 3 Whether paid sick leave beyond 70 hours per annum was subject to a discretion according to Group policy

Ratio Decidendi

The Agreement gives an enforceable entitlement to paid sick leave of up to 70 hours per annum, provided procedural conditions are met, but paid sick leave beyond that is only available at the employer’s discretion according to Group policy; the Chief Industrial Magistrate erred in finding an unlimited entitlement.

Court Disposition

Orders of the Chief Industrial Magistrate set aside. Matter to be relisted for directions regarding consideration of the respondent's requests for further sick leave according to policy.

Orders

  • The parties confer in the light of these reasons for judgment.
  • The matter be listed for directions at 9.30 am on 15 June 2012.