Cross v Secretary of the Department of Education [2022] NSWIRComm 1096

Industrial Relations Commission New South Wales Medium Neutral Citation: Cross v Secretary of the Department of Education [2022] NSWIRComm 1096 Hearing dates: 24 October 2022 Date of orders: 7 November 2022 Decision date: 07 November 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Notice of Motion filed by the Secretary of the Department of Education on 23 August 2022 is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Termination – Statutory rights – Unfair dismissal – employee directed to resign – variation to date of resignation agreed – whether employee dismissed or voluntarily resigned following negotiations – date of dismissal – whether application out of time Legislation Cited: Industrial Relations Act 1991 s 245 Industrial Relations Act 1996 Ch 2 Pt 6, ss 83, 84, 85 Teaching Service Act 1980 ss 44, 93J Cases Cited: Allison v Bega Valley Council (1995) 63 IR 68 Healey v HPA Pty Ltd (2003) 125 IR 227; [2003] NSWIRComm 195 Helen Reid v Robert Burns Real Estate [1999] NSWIRComm 393 Kirkwood & Victor Ollis t/as Country House and Land Sales [2005] NSWIRComm 1037 Smith v Director General of Education (1993) 51 IR 204 Texts Cited: Nil Category: Procedural rulings Parties: Heather Cross (Applicant) Secretary of the Department of Education (Respondent) Representation: Counsel: K Edwards (Applicant) A Britt (Respondent) Solicitors: WMD Lawyers (Applicant) Sparke Helmore (Respondent) File Number(s): 2022/00183049 Publication restriction: No