Silsbury v Health Secretary in respect of Western Sydney Local Health District [2021] NSWIRComm 1004

Industrial Relations Commission New South Wales Medium Neutral Citation: Silsbury v Health Secretary in respect of Western Sydney Local Health District [2021] NSWIRComm 1004 Hearing dates: 15 January 2021 Date of orders: 3 February 2021 Decision date: 03 February 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Strike out motion by respondent dismissed Catchwords: VICTIMISATION – allegations of misconduct – threatened dismissal – unfair dismissal application – order made restraining dismissal – further 15 allegations of misconduct – victimisation application – notice of motion to dismiss victimisation application Legislation Cited: Health Services Act 1997 Industrial Relations Act 1996 Federal Court of Australia Act 1976 (Cth) Oaths Act 1900 Supreme Court Act 1970 Vexatious Proceedings Act 2008 Uniform Civil Procedure Rules 2005 Cases Cited: Attorney-General v Wentworth (1988) 14 NSWLR 481 Davie v Industrial Relations Secretary (Department of Justice. Corrective Services NSW) (No 2) [2019] NSWIRComm 1056 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Majik Markets Pty Limited v Brake and Service Centre Drummoyne Pty Limited (1991) 28 NSWLR 443 Nagle v Tilburg [1993] 51 IR 8 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Spencer v Commonwealth of Australia [2010] HCA 28 Stevenson v Barham (1970) 136 CLR 190 Texts Cited: Nil Category: Procedural rulings Parties: Catherine Silsbury (Applicant)