New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Employment and industrial law


  1. 02/09/2016
    Employment and industrial law: appeal from Industrial Court; awards and agreements; public sector employees; Workers Compensation Act 1987 (NSW), Sch 6; Workers Compensation Legislation Amendment Act 2012 (NSW) Sch 12 Pt 19H cl 25; changes to workers compensation scheme; exemption of police officers, paramedics and fire-fighters; primary judge declaration that respondent was a ‘paramedic’ at time of workplace injury suffered while on secondment; whether respondent’s appointment to position of Health Advisor altered ‘paramedic’ status; different nature of duties

    State of New South Wales v Chapman-Davis  [2016] NSWCA 237
  2. 01/09/2016
    Employment and industrial law: former police officer; grant of gratuity sought for surgical treatment; decision by STC that proposed surgery not reasonably necessary; finding by primary judge that other causes of officer’s neck pain be excluded before proposed surgery reasonably necessary; whether exercise of incidental power under Superannuation Administration Act 1996 (NSW), s 57

    22 State Super SAS Trustee Corporation Ltd v Perrin  [2016] NSWCA 232
  3. 01/09/2016
    Employment and industrial law: police superannuation; allowances where member of police hurt on duty; requirement that member “resigned or retired”, Police Regulation (Superannuation) Act 1906 (NSW), s 10B; whether “resigned or retired” and “resignation or retirement” encompass unfair dismissal

    Bigg v SAS Trustee Corporation  [2016] NSWCA 236
  4. 15/06/2016United Kingdom
    Employment and industrial law: appellant unfairly dismissed; reinstatement ordered by Employment Tribunal; whether Employment Tribunal erred in law by purporting to reinstate appellant to employment different from that from which she was dismissed where Tribunal has no power to order reinstatement contrary to contractual terms of employment; whether Employment Tribunal sought to impose contractual limitation on appellant in reinstatement order or whether it simply recognised a practical limitation on the scope of the appellant’s work; Employment Tribunal did not seek to alter contractual terms; appeal allowed.
    McBride v Scottish Police Authority  [2016] UKSC 27
  5. 18/03/2016Canada
    Employment and industrial law: teacher dismissed from employment following resolution adopted by the appellant employer after the completion of two in camera meetings; grievance report filed by respondent Union that procedure for dismissal not followed where collective agreement provided that employment relationship could be terminated “only after thorough deliberations at a meeting of the board’s council of commissioners or executive committee”; objection by Board to summoning of three members of executive committee as witnesses; whether motives of members of committee irrelevant; whether deliberative secrecy protected members from being examined on in camera deliberations; whether principle that motives are “unknowable” precluded examination of members of any collective body on motives underlying a decision; Board acting as employer in deciding to dismiss teacher and therefore deliberative secrecy and principle that motives are “unknowable” reasonably rejected by arbitrator in interlocutory decision.
    Commission Scolaire de Laval v Syndicat de l’enseignement de la region de Laval  (2016) SCC 8
  6. 09/02/2016
    Employment and industrial law: whether contract of employment; whether sub-contractor; whether subject to labour hire agreement; whether contractor’s insurance policy responded to claim of injury to worker not an employee.
    South Sydney Junior Rugby League Club Ltd v Gazis  [2016] NSWCA 8
  7. 02/12/2015
    Employment and industrial law: termination of employment; summary dismissal; whether employee exhibited signs of intoxication at work training course; whether employee intoxicated in a public place; whether employee intoxicated at a work-related social function; whether intoxication warranted summary dismissal for serious misconduct in serious circumstances
    Willis Australia Group Services Pty Ltd v Mitchell-Innes  [2015] NSWCA 381
  8. 22/01/2015
    Employment and industrial law: long service leave; entitlement to leave; respondent claimed an entitlement to payment in lieu of long service leave pursuant to the provisions of the Long Service Leave Act 1987 (SA); Court substituted the respondent’s personal representative as the relevant party to the appeal; whether respondent had a qualifying period of service for the purpose of accruing a long service leave entitlement; whether the deceased was on unpaid leave for a 3-year period when he was in receipt of workers’ compensation; meaning of "Long Service Leave", "Continuous Service", "Leave" as defined in Long Service Leave Act 1987 (SA); deceased’s absence from work as a result of a work-related injury cannot be characterised as unpaid leave pursuant to s 3(4); AJ Mills & Sons v Transport Workers’ Union of New South Wales [2009] NSWIRComm 135; Forstaff Pty Ltd v Chief Commission of State Revenue [2004] NSWSC 573 considered; calculation of entitlement pursuant to s 3(2) is in a negligible sum; case deserves attention of the Parliament; appeal allowed
    Flinders Ports Pty Ltd v Woolford  [2015] SASCFC 6
  9. 19/12/2014
    Employment and industrial law: Industrial Relations Act 1996 (NSW) s 154; interpretation of award; overtime entitlement for work in excess of "daily roster pattern"; interpretation of "daily roster pattern"; reliance on work schedule principles applicable to full-time correctional officers; whether primary judge erred in finding "daily" pattern was to be viewed over 24 hour rolling period; whether primary judge erred in finding that entitlement to overtime exists where casual officer works more than one 8 hour shift in any 24 hour period; whether declaration appropriate relief when effect on rights uncertain; appeal allowed
    The Secretary of the Treasury (Corrective Services NSW) v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales  [2014] NSWCA 446
  10. 19/12/2014
    Employment and industrial law: employment contract; redundancy clause; meaning of "redundant" in context of respondent’s employment contract; whether respondent’s role had been effectively emptied of its duties and abolished; evidence of differences in duties performed by respondent and apparent successor not sufficient to render respondent’s role redundant; finding of redundancy by the primary judge not supported by evidence; appeal allowed; cross-appeal dismissed
    UGL Rail Services Pty Limited v Janik  [2014] NSWCA 436