Smith v Industrial Relations Secretary in respect of Local Land Services (No 2) [2024] NSWIRComm 1015

Industrial Relations Commission New South Wales Medium Neutral Citation: Smith v Industrial Relations Secretary in respect of Local Land Services (No 2) [2024] NSWIRComm 1015 Hearing dates: 6 March 2024 Date of orders: 6 March 2024 Decision date: 08 March 2024 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Webster Decision: Leave to appeal is refused Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Appeals – appeal against decision dismissing application for reinstatement of injured worker for want of jurisdiction – whether Commissioner failed to apply the correct test – whether Commissioner had regard to irrelevant considerations – whether applicant denied procedural fairness Legislation Cited: Government Sector Employment Act 2013 s 47 Industrial Relations Act 1996 ss 187, 188 Workers Compensation Act 1987 Pt 8, ss 240, 241, 242, 244 Cases Cited: Bindaree Beef Pty Ltd v Riley (2013) 85 NSWLR 350 Charles v Northern New South Wales Local Health District [2016] NSWIRComm 8 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Patricia Smith v Industrial Relations Secretary in respect of Local Land Services [2023] NSWIRComm 1110 Potter v Industrial Relations Secretary in respect of the Department of Regional New South Wales [2022] NSWIRComm 1077 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Redmond v Director General, NSW Department of Health, on behalf of the Ambulance Service of New South Wales [2012] NSWIRComm 147 Secretary of the Ministry of Health v The New South Wales Nurses and Midwives' Association (2022) 320 IR 249; [2022] NSWSC 1178 Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124 Texts Cited: Nil Category: Principal judgment Parties: Patricia Smith (Appellant) Industrial Relations Secretary (Respondent) Representation: Patricia Smith (self-represented) Counsel: M Seck (Respondent) Solicitors: Lander & Rogers (Respondent) File Number(s): 2023/00355963 Publication restriction: No Decision under appeal Court or tribunal: Industrial Relations Commission of New South Wales Citation: Patricia Smith v Industrial Relations Secretary in respect of Local Land Services [2023] NSWIRComm 1110 Date of Decision: 3 November 2023 Before: Commissioner Muir File Number(s): 2021/00348518