Hamlin v Council of the City of Sydney [2021] NSWIRComm 1066

Industrial Relations Commission New South Wales Medium Neutral Citation: Hamlin v Council of the City of Sydney [2021] NSWIRComm 1066 Hearing dates: 8 September 2021 Date of orders: 8 September 2021 Decision date: 08 September 2021 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Muir Decision: Leave to appeal is refused Catchwords: APPEAL – application for leave to appeal – whether exercise of discretion disclosed error – no substantial issue of principle or law having wider implications or widespread practical application – no demonstrable error disclosed – leave to appeal refused Legislation Cited: Industrial Relations Act 1996 ss 84, 188, 191 Work Health and Safety Act 2011 Cases Cited: Antonakopoulos v State Bank of NSW (1999) 91 IR 385 Big W Discount Stores v Donato [1995] 58 IR 239 Commissioner of Police v Platts [2021] NSWIRComm 1021 Hamlin v City of Sydney Council [2021] NSWIRComm 1010 House v The King (1936) 55 CLR 499 King v State Bank of New South Wales (No 2) [2002] NSWIRComm 353 Knowles v Anglican Church Property Trust (No. 2) [1999] NSWIRComm 576 North v Television Corporation Ltd (1976) 11 ALR 599 Zopf v Industrial Relations Secretary on behalf of the Department of Customer Service [2020] NSWIRComm 1012 Category: Principal judgment Parties: Warren Hamlin (appellant) Council of the City of Sydney (respondent) Representation: Counsel: M Fraser (appellant)