New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (on behalf of Simon Azzopardi) and Sutherland Shire Council [2008] NSWIRComm 235

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (on behalf of Simon Azzopardi) and Sutherland Shire Council [2008] NSWIRComm 235

The appeals failed because the Commissioner's finding that reinstatement was impracticable, due to Mr Azzopardi's incapacity, was supported by the evidence, and any potential errors regarding calculation of compensation or notice had no utility as the quantum was not challenged and was within range.

Parties
Appellant/respondent in Cross Appeal: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (on behalf of Simon Azzopardi); Respondent/appellant in Cross Appeal: Sutherland Shire Council
Jurisdiction
Australia
Judgment Date
02 December 2008
Procedural Posture
Appeal and Cross Appeal / Leave to Appeal
Outcome
leave to appeal refused
Legal Topics
Unfair Dismissal, Reinstatement, Compensation, Leave to Appeal
Industrial Law Unfair Dismissal Reinstatement Compensation Leave to Appeal

Case Brief

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Parties

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (on behalf of Simon Azzopardi)

Appellant/respondent in Cross Appeal

Sutherland Shire Council

Respondent/appellant in Cross Appeal

Procedural Posture

Appeal and Cross Appeal / Leave to Appeal

Legal Issues

  1. 1 Whether the Commissioner erred in granting compensation instead of reinstatement under s 89 of the Industrial Relations Act 1996
  2. 2 Whether the Commissioner properly assessed the timing and nature of the unfair dismissal
  3. 3 Whether orders for compensation included an error regarding notice or workers' compensation rights

Ratio Decidendi

The appeals failed because the Commissioner's finding that reinstatement was impracticable, due to Mr Azzopardi's incapacity, was supported by the evidence, and any potential errors regarding calculation of compensation or notice had no utility as the quantum was not challenged and was within range.

Court Disposition

leave to appeal refused

Orders

  • Leave to appeal in both matters refused