Tikkun v NSW Ministry of Health in respect of Northern NSW Local Health District [2021] NSWIRComm 1070

Industrial Relations Commission New South Wales Medium Neutral Citation: Tikkun v NSW Ministry of Health in respect of Northern NSW Local Health District [2021] NSWIRComm 1070 Hearing dates: 26 February 2020 and 28 September 2020 Date of orders: 13 September 2021 Decision date: 13 September 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Stanton Decision: Notice of motion granted – s 84 application dismissed Catchwords: UNFAIR DISMISSAL – Notice of Motion to dismiss application for want of jurisdiction - casual employee -whether terminated by respondent - whether engaged on a casual basis for a short period – s 83(2) and Industrial Relations (General) Regulation 2015 considered - application dismissed Legislation Cited: Health Services Act 1997 Industrial Relations Act 1996 Industrial Relations (General) Regulation 2015 Government Sector Employment (General) Rules 2014 Cases Cited: Doyle v Sydney Steel Co Ltd (1936) 56 CLR 545 Australasian Meat Industry Employees' Union v Sunland Enterprises Pty Ltd t/as Sunland Wholesale Meats (1988) 24 IR 467 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Ryde-Eastwood Leagues Club Ltd v Taylor (1994) 56 IR 385 Australian Communication Exchange Ltd v Deputy Commissioner of Taxation [2003] HCA 55 Texts Cited: NSW Health Managing Misconduct Policy Directive PD 2014_042 Category: Principal judgment Parties: Tonia Tikkun (applicant)

Secretary, Ministry of Health in respect of Northern NSW Local Health District (respondent) Representation: Applicant in person