Khan v Industrial Relations Secretary in respect of the Department of Communities and Justice [2023] NSWIRComm 1084

Industrial Relations Commission New South Wales Medium Neutral Citation: Khan v Industrial Relations Secretary in respect of the Department of Communities and Justice [2023] NSWIRComm 1084 Hearing dates: Determined on the papers Date of orders: 23 August 2023 Decision date: 23 August 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The application is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Termination – Statutory rights – Unfair dismissal – casual employee dismissed after 17 days employment – whether exempt from Ch 2 Pt 6 of the Industrial Relations Act 1996 due to having been engaged for "a short period" Legislation Cited: Industrial Relations Act 1996 Ch 2 Pt 6, ss 83, 84 Industrial Relations (General) Regulation 2020 cl 6(1)(d) Industrial Relations (General) Regulation 1996 cl 5B(1)(d) Cases Cited: Forbes v Bega Valley Shire Council [2020] NSWIRComm 1055 Larcombe and EBL Catering [2001] NSWIRComm 149 Ozcan v Sydney South West Area Health [2008] NSWIRComm 1078 Reed v Blue Line Cruises Ltd (1996) 73 IR 420 Shop, Distributive and Allied Employees' Association, New South Wales v Librus Pty Ltd, t/as Dymocks Parramatta [2001] NSWIRComm 46 Temesvari and Divine Image Group Pty Limited [2005] NSWIRComm 1060 Tikkun v NSW Ministry of Health in respect of Northern NSW Local Health District [2021] NSWIRComm 1070 Wylie and Formula One Catering Services Pty Ltd [2003] NSWIRComm 207 Texts Cited: Nil Category: Procedural rulings Parties: Abdullah Khan (Applicant) Industrial Relations Secretary (Respondent) Representation: Counsel: M Foran (Respondent) Solicitors: Gilchrist Connell (Applicant) File Number(s): 2023/00186446 Publication restriction: No