Foley v Secretary, Department of Education [2021] NSWIRComm 1094

Industrial Relations Commission New South Wales Medium Neutral Citation: Foley v Secretary, Department of Education [2021] NSWIRComm 1094 Hearing dates: 22 November 2021 Decision date: 22 November 2021 Jurisdiction: Industrial Relations Commission Before: Acting Industrial Registrar Hoskinson Decision: 1. I note that there are no documents to produce in answer to paras 2 and 11. 2. I note that para 10 is not pressed. 3. I set aside the summons as far as paragraphs 3 to 9 and para 12 are concerned. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – motion to set aside summons to produce Cases Cited: Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 Category: Procedural rulings Parties: Kate Foley (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: Howell, T. (Applicant); Britt, A. (Respondent)

Solicitors: McNally Jones Staff (Applicant) File Number(s): 2021/207988

decision 1. Before the Industrial Relations Commission there is a notice of motion filed by the applicant, the appellant in the motion, in relation to setting aside summons which was filed by the respondent on 29 September 2021, in its entirety.

The summons 1. The summons is seeking broad category of the documents, categories 2 to 12 which I will call "paragraphs". I will read the summons paragraphs onto the record. 2. A copy of all documents held in relation to booking folio 168275 with Niseko Central. 3. A copy of all flight bookings and flight boarding passes related to the December 2015 to January 2016 Japan Holiday, including flight bookings and boarding passes held electronically, in emails or attached to emails. 4. A copy of bookings or confirmations related to the December 2015 to January 2016 Japan Holiday, including but not limited to accommodation, transportation, lift passes and restaurants booked by the Appellant for herself and or others and bookings made on behalf of the Appellant. 5. A copy of all flight bookings and flight boarding passes relating to the April 2015 Bali holiday, including flight bookings and boarding passes held electronically in emails or attached to emails. 6. A copy of bookings or confirmations related to the April 2015 Bali holiday, including but not limited to accommodation, transportation, activities and restaurants booked by the Appellant for herself and or others and bookings made on behalf of the Appellant. 7. A copy of all flight bookings and flight boarding passes relating to the April 2016 Bali holiday, including flight bookings and boarding passes held electronically in emails or attached to emails. 8. A copy of bookings or confirmations relating to the April 2016 Bali holiday, including but not limited to accommodation, transportation, activities and restaurants booked by the Appellant for herself and or others and bookings made on behalf of the Appellant. 9. A copy of bookings or confirmations relating to the Manly 2016 holiday, including but not limited to accommodation, transportation, events and restaurants booked by the Appellant for herself and or others and bookings made on behalf of the Appellant. 10. A picture of any gifts provided to you from Ms Erin Blishen for the period of 1 January 2014 to 20 May 2016. 11. A picture of any gifts provided to you from Mr Dane Hickey for the period of 1 January 2016 to 28 February 2017. 12. A copy of all photographs and videos of the Appellant (Kate Foley) and Erin Blishen (nee Sommerville), including photographs of the Appellant and Erin Blishen in a group setting taken at any of the abovementioned holidays."