Noble v Health Secretary in respect of Mid North Coast Local Health District [2023] NSWIRComm 1065

Industrial Relations Commission New South Wales Medium Neutral Citation: Noble v Health Secretary in respect of Mid North Coast Local Health District [2023] NSWIRComm 1065 Hearing dates: 3 July 2023 Date of orders: 4 July 2023 Decision date: 04 July 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner McDonald Decision: 1. Orders 1, 2 and 3 made on 20 April 2023, being orders in relation to the filing of evidence and submissions, are vacated. 2. The Applicant's Notice of Motion is otherwise dismissed. 3. The proceedings are listed for directions on 10 August 2023 at 10.00am. 4. The parties may apply to have the matter relisted prior to 10 August 2023. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Termination — Statutory rights — Unfair dismissal —Notice of Motion filed by Applicant seeking "managed stay" of proceeding pending the determination of a police investigation — Police investigation concerns alleged conduct by Applicant which, in part, formed the basis for her dismissal —Principles applicable to stay of civil proceedings pending resolution of criminal proceedings — Dictates of justice weighed in favour of the Respondent in circumstances where no charges laid and already considerable delay, however risk of prejudice to the Applicant sufficient to justify further short delay Legislation Cited: Civil Procedure Act 2005 (NSW), ss 67 Crimes Act 1990 (NSW), ss 35, 308H Health Records and Information Privacy Act 2002 (NSW), s 68 Industrial Relations Act 1996 (NSW), ss 3(a), 84, 89(3),146,162(2)(a) and (g), 163 (1)(c), 164A Cases Cited: Baker v Commissioner of Federal Police [2000] FCA 1339; (2000) 104 FCR 359 Commissioner of the Australian Federal Police v Zhao [2015] HCA 5; (2015) 255 CLR 46 Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission (2016) 242 FCR 153 Dadley v Fire and Rescue NSW [2020] NSWIRComm 1084 Gipsy Fire v Truth Newspapers Pty Ltd (1987) NSWLR 382 Goreng Goreng v Jennaway [2007] FCA 2083; 164 FCR 567 Gregg v Fairfax Media Publications Pty Ltd [2017] FCA 440 Impiombato v BHP Group Limited [2020] FCA 350; 143 ACSR 301 Kevin Cooper v Australian Taxation Office [2014] FWC 2931 Levis v Stavropoulos [2020] NSWDC 296 McLachlan v Browne (No 9) [2019] NSWSC 10 McMahon v Gould (1982) 7 ACLR 202 Obeid v Commissioner of Taxation [2017] FCA 1135 Ransley v Commissioner of Taxation [2016] FCA 778 Re Plutus Payroll Australia Pty Ltd [2017] NSWSC 1854 Reid v Howard (1995) 184 CLR 1 Sanford v Austin Clothing Company Pty Ltd trading as Gaz Man Print S8287 (AIRC, Watson SDP, 19 July 2000) Secretary of the Department of Education v X [2023] NSWIRComm 1061 Semaan v Secretary, Department of Education [2023] NSWIRComm 1040 Websyte Corporation Pty Ltd v Alexander (No 2) [2012] FCA 562 X7 v Australian Crime Commission [2013] HCA 29; (2013) 248 CLR 92 Category: Procedural rulings Parties: Sharon Noble (Applicant) Health Secretary in respect of Mid North Coast Local Health District (Respondent) Representation: M. Burns, Solicitor (Applicant) L. Schafer-Gardener, Solicitor (Respondent) Solicitors: McNally Jones Staff (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2022/377982 Publication restriction: No