Barnier v Secretary, Department of Education [2021] NSWIRComm 1045

Industrial Relations Commission New South Wales Medium Neutral Citation: Barnier v Secretary, Department of Education [2021] NSWIRComm 1045 Hearing dates: 10 June 2021 Date of orders: 22 June 2021 Decision date: 22 June 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Interim orders preventing the respondent from terminating the applicant's employment not made Catchwords: INDUSTRIAL LAW – New South Wales – unfair dismissal – no threatened dismissal – interim orders – power to make interim order restraining dismissal – no threat of dismissal – prima facie case on the merits established – balance of convenience in favour of the respondent - notice of motion dismissed Legislation Cited: Industrial Relations Act 1996 (NSW) ss 83, 89(7) Cases Cited: ASMOF (NSW) (on behalf of Dr Wojtulewicz) v Director General of NSW Health Service (Children's Hospital at Westmead) [2008] NSWIRComm 229 Baker v Australian Workers Union [2005] NSWlRComm 1225 Davis v Industrial Relations Secretary on behalf of the NSW Rural Fire Service [2019] NSWIRComm 1064 Hill v Director-General of the Department of Education and Training (1998) 85 IR 201 Jose v Secretary, Ministry of Health (Murrumbidgee Local Health District) [2019] NSWIRComm 1031 Perry Janssen v Health Secretary (in respect of South Western Sydney Local Health District) [2018] NSWIRComm 1042 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales on behalf of Pearcey, Barnett and Woelfl v Department of Attorney General and Justice - Corrective Services NSW [2012] NSWIRComm 33 Wei Fen Xian and Rail Corporation New South Wales [2009] NSWIRComm 1083 Texts Cited: Macquarie Online Dictionary Category: Procedural rulings Parties: Justina Barnier (applicant) Secretary, Department of Education (respondent) Representation: Counsel: P Lowson (for the applicant) T Dixon (for the respondent)