Sutherland v Industrial Relations Secretary in respect of Department of Communities and Justice (Corrective Services NSW) [2023] NSWIRComm 1033

Industrial Relations Commission New South Wales Medium Neutral Citation: Sutherland v Industrial Relations Secretary in respect of Department of Communities and Justice (Corrective Services NSW) [2023] NSWIRComm 1033 Hearing dates: 13 April 2023 Date of orders: 13 April 2023 Decision date: 13 April 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: Motion dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Termination — Statutory rights — Unfair dismissal — Threatened dismissal – Motion to prevent dismissal pending final arbitration Legislation Cited: Industrial Relations Act 1996 s89 Work Injury Management and Workers Compensation Act 1998 Cases Cited: Castlemaine Tooheys Ltd & Ors v State of South Australia (1986) 161 CLR 148 Public Service Association and Professional Officers Association Amalgamated Unions of New South Wales on behalf of Pearcey, Barnett and Woelfl v Department of Attorney-General and Justice - Corrective Services NSW [2012] NSWIRComm 33 Australian Salaried Medical Officers' Federation (New South Wales) on behalf of Professor Bruce Hall v South Western Sydney Area Health Service [2003] NSWIRComm 8 Category: Procedural rulings Parties: Thor Sutherland (Applicant) Industrial Relations Secretary in respect of Department of Communities and Justice (Corrective Services NSW) (Respondent) Representation: Counsel: Mr D Nagle (Applicant) Mr O Fagir (Respondent)

Solicitors: McNally Jones Staff Lawyers (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2023/17964 Publication restriction: Nil