NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Naulty v Shoalhaven City Council [2021] NSWIRComm 1012 Hearing dates: 17 March 2020, final written submissions received 21 April 2020 Date of orders: 11 February 2021 Decision date: 11 February 2021 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant Decision: The application by the respondent to have the application by Viola Naulty pursuant to s 84 of the Industrial Relations Act 1996 struck out is upheld. The application by Viola Naulty pursuant to s 84 of the Industrial Relations Act 1996 is dismissed for want of jurisdiction. Catchwords: UNFAIR DISMISSAL – jurisdiction – time-limited contract – meaning of dismissed – no dismissal Legislation Cited: Fair Work Act 2009 (Cth), s 386 Industrial Relations Act 1996 (NSW), ss 83, 84, 85 Industrial Relations (General) Regulation 2015 (NSW), cl 6 Local Government Act 1993 (NSW), s 351 Cases Cited: Khayam v Navitas English Pty Ltd t/as Navitas English [2017] FWCFB 5162 Lunn v Department of Justice [2006] AIRC 301 USU on behalf of Paul Parker & Newcastle City Council re dismissal [2014] NSWIRComm 1012 York v NSW Department of Education and Communities [2015] NSWIRComm 1011 Category: Procedural rulings Parties: Viola Naulty (appellant) Shoalhaven City Council (respondent) Representation: Counsel: M E Hall (respondent)
Solicitors: Carroll & O'Dea Lawyers (applicant) File Number(s): 2019/266886
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