Kirkovski v City Casuals and another [2004] NSWIRComm 293

Kirkovski v City Casuals and another [2004] NSWIRComm 293

Leave to appeal refused and appeal dismissed on the basis that the appellant was never an employee of the first respondent, work for the second respondent was casual and of short duration and exempt from unfair dismissal jurisdiction; claim devoid of merit and not pursued diligently.

Jurisdiction
Australia
Judgment Date
29 September 2004
Procedural Posture
Appeal / Application for Leave to Appeal and Appeal
Outcome
leave to appeal refused; appeal dismissed
Legal Topics
['unfair Dismissal' 'leave to Appeal' 'public Interest' 'casual Employment' 'frivolous or Vexatious Applications']
['industrial Relations'] ['unfair Dismissal' 'leave to Appeal' 'public Interest' 'casual Employment' 'frivolous or Vexatious Applications']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal and Appeal

Legal Issues

  1. 1 ['Whether leave to appeal should be granted under s188 of the Industrial Relations Act 1996' 'Whether the appellant was an employee and entitled to relief for unfair dismissal' 'Whether the work carried out was casual and exempted from unfair dismissal jurisdiction']

Ratio Decidendi

Leave to appeal refused and appeal dismissed on the basis that the appellant was never an employee of the first respondent, work for the second respondent was casual and of short duration and exempt from unfair dismissal jurisdiction; claim devoid of merit and not pursued diligently.

Court Disposition

leave to appeal refused; appeal dismissed

Orders

  • ['That leave to appeal be refused.' 'That the appeal be dismissed.']