Wipro Limited v State of New South Wales [2022] NSWCA 265

Wipro Limited v State of New South Wales [2022] NSWCA 265

Mr Rawat's initial period of employment in India was a discrete period which had no substantial connection with New South Wales when it was performed. Because the central conception of the Long Service Leave Act 1955 (NSW) is continuous service connected with New South Wales, that Indian service was not counted for the purposes of s 4, leaving Mr Rawat without sufficient qualifying service under the Act.

Jurisdiction
Australia
Judgment Date
14 December 2022
Procedural Posture
Declaratory Proceedings Concerning Long Service Leave Entitlement Under the Long Service Leave Act 1955 (nsw) / Proceedings Commenced in the Common Law Division and Referred to the Court of Appeal for Determination
Outcome
Declaration made for the plaintiff; first defendant ordered to pay the plaintiff's costs.
Legal Topics
['long Service Leave' 'continuous Service' 'territorial Reach of Statute' 'substantial Connection With New South Wales']
['employment and Industrial Law' 'statutory Interpretation'] ['long Service Leave' 'continuous Service' 'territorial Reach of Statute' 'substantial Connection With New South Wales']

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Procedural Posture

Declaratory Proceedings Concerning Long Service Leave Entitlement Under the Long Service Leave Act 1955 (nsw) / Proceedings Commenced in the Common Law Division and Referred to the Court of Appeal for Determination

Legal Issues

  1. 1 ["Whether Mr Rawat's service in India was to be counted as part of his continuous service with Wipro Limited for the purposes of s 4 of the Long Service Leave Act 1955 (NSW)." 'Whether the Long Service Leave Act 1955 (NSW) required a substantial connection between the relevant continuous service and New South Wales.' 'Whether Australian Timken Pty Ltd v Stone (No 2), International Computers (Aust) Pty Ltd v Weaving, Cummins South Pacific Pty Ltd v Keenan or Infosys Technologies Ltd v State of Victoria should be followed.']

Ratio Decidendi

Mr Rawat's initial period of employment in India was a discrete period which had no substantial connection with New South Wales when it was performed. Because the central conception of the Long Service Leave Act 1955 (NSW) is continuous service connected with New South Wales, that Indian service was not counted for the purposes of s 4, leaving Mr Rawat without sufficient qualifying service under the Act.

Court Disposition

Declaration made for the plaintiff; first defendant ordered to pay the plaintiff's costs.

Orders

  • ['Pursuant to s 75 of the Supreme Court Act 1970 (NSW), declare that the plaintiff is not obliged to pay Deepak Rawat a long service leave entitlement pursuant to s 4(5) of the Long Service Leave Act 1955 (NSW).' "Order the first defendant to pay the plaintiff's costs of the proceedings."]