RCR Stelform (VRBT) Pty Ltd v Palmer

RCR Stelform (VRBT) Pty Ltd was the appellant and Mr Palmer the respondent in this case heard in the Industrial Court of New South Wales. The dispute was over the determination of the weekly rate of payments to be made to Mr Palmer by RCR Stelform. The case arose out of an appeal from an original decision made by an arbitrator, which had been confirmed by the Industrial Registrar. The appeal focused on the rates of weekly payments owed to Mr Palmer from 1 April 2012 to 31 December 2012.

The central legal issue before the court was whether the arbitrator had erred in his assessment of Mr Palmer's ability to earn, particularly in relation to the weekly payments due from 1 April 2012 to 31 December 2012. The appellant argued that the arbitrator failed to adequately consider the evidence and made inconsistent findings. The appellant also contended that the arbitrator had not properly applied the principles relevant to raising new issues on appeal, and that the evidence was inconsistent with the accepted facts. The respondent, Mr Palmer, argued that the arbitrator's determination was correct and should be upheld.

The court found that the arbitrator's determination of the weekly payments due from 1 April 2012 to 30 May 2012 was correct and should be confirmed. However, the court found that the arbitrator had erred in his assessment of the weekly payments due from 31 May 2012 to 31 December 2012. The court found that the arbitrator had not adequately considered the evidence and had made inconsistent findings. The court found that the evidence was inconsistent with the accepted facts and that the arbitrator had not properly applied the principles relevant to raising new issues on appeal. The court found that the actual earnings were not an accurate reflection of the ability to earn, and that objective evidence should be considered when witness evidence is unreliable. The court ordered that the weekly payments due from 31 May 2012 to 31 December 2012 be set at different rates to those determined by the arbitrator.