Dickson v Secretary, Ministry of Health in respect of NSW Ambulance [2023] NSWIRComm 1066

Industrial Relations Commission New South Wales Medium Neutral Citation: Dickson v Secretary, Ministry of Health in respect of NSW Ambulance [2023] NSWIRComm 1066 Hearing dates: 22 June 2023 Date of orders: 22 June 2023 and 6 July 2023 Decision date: 06 July 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner McDonald Decision: 1. Dismiss the Respondent's Notice of Motion filed on 15 June 2023. 2. The compliance hearing listed on 28 June 2023 is vacated. 3. The time for the Applicant to file and serve an outline of submissions is extended to 26 June 2023. 4. The time for the Respondent to file and serve written statements, an outline of submissions and any other relevant documentation is extended to 31 July 2023. 5. The time for the Applicant to file and serve any evidence and submissions in reply to the Respondent's documents is extended to 7 August 2023. 6. The hearing on 31 July 2023 and 1 August 2023 is vacated and in lieu thereof the matter is listed for hearing on 16 and 17 August 2023. 7. If the Applicant defaults in compliance with Order 3 or Order 5, the Applicant must file and serve with 24 hours of his default an affidavit setting out why the default has occurred and why his unfair dismissal application should not be dismissed for want of prosecution pursuant to Rule 12.7 of the UCPR. 8. If the Applicant defaults in compliance with Order 7 the proceedings will be dismissed. 9. Liberty to the parties to apply to have the matter relisted on short notice. 10. The parties have leave to file documents by email. 11. The Applicant has leave to rely on his statement filed on 15 June 2023. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Termination — Statutory rights — Unfair dismissal – Failure of applicant to comply with directions - Notice of motion to dismiss the proceedings for failure to prosecute the proceedings with due despatch — Defaults attributable to conduct of Applicant's solicitor — Power to award costs against practitioner pursuant to s 99 of the Civil Procedure Act 2005 —Motion dismissed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 4, 56, 58, 60, 61(3), 99, Sch 1 Industrial Relations Act 1996 (NSW), ss 84, 163(1)(b), 181 Uniform Civil Procedure Rules 2005 (NSW), r 12.7 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27; 239 CLR 175 Barbagiannis v Commissioner of Police, NSW Police Force [2022] NSWIRComm 1097 Beavan v Industrial Relations Secretary (No 1) [2016] NSWIC 1; 92 NSWLR 473 Bouskila v Corrective Services NSW [2019] NSWIRComm 1061 Dank v Cronulla Sutherland District Rugby League Football Club Ltd [2014] NSWCA 288 Hoser v Hartcher [1999] NSWSC 527 Kabir v Department of Family & Community Services [2016] NSWIRComm 1009 Moses v Ratner (No 2) [2021] NSWSC 960 Musicka v The Health Secretary in respect of NSW Ambulance [2022] NSWIRComm 1055 Poore v Commissioner of Police, NSW Police Force [2022] NSWIRComm 1079 Category: Procedural rulings Parties: Callum Dickson (Applicant) Secretary, Ministry of Health in respect of NSW Ambulance Representation: B Kernick, Solicitor (Applicant) S Moten, Solicitor (Respondent) Solicitors: Kernick Law (Applicant) Lander & Rogers (Respondent) File Number(s): 2023/00091123 Publication restriction: Nil