Westaway v Health Secretary in respect of Northern Sydney Local Health District [2024] NSWIRComm 1021

Industrial Relations Commission New South Wales Medium Neutral Citation: Westaway v Health Secretary in respect of Northern Sydney Local Health District [2024] NSWIRComm 1021 Hearing dates: 27 March 2024 Date of orders: 27 March 2024 Decision date: 27 March 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: In matters 2024/96239 and 2024/96535: (1) neither the Health Secretary nor the Northern Sydney Local Health District are to dismiss Denys Westaway for the reasons set out in a letter dated 23 February 2024 from Simon Hill to Denys Westaway pending the hearing and determination of the proceedings; and (2) the name of the respondent be amended to Health Secretary in respect of Northern Sydney Local Health District and that the name of the proceedings be amended accordingly. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Termination — Statutory rights — Unfair dismissal — Threatened dismissal EMPLOYMENT AND INDUSTRIAL LAW — Industrial Relations Commission — Procedure and powers — Injunctions Legislation Cited: Industrial Relations Act 1996 ss210, 213 Cases Cited: Perry Janssen v Health Secretary (in respect of South Western Sydney Local Health District) [2018] NSWIRComm 1042 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales on behalf of Pearcey, Barnett and Woefl v Department of Attorney-General and Justice, Corrections, Corrective Services New South Wales [2012] NSWIRComm 33 Silsbury v Health Secretary in respect of Western Sydney Local Health District [2021] NSWIRComm 1004 Category: Procedural rulings Parties: Denys Westaway (Applicant) Health Secretary in respect of Northern Sydney Local Health District (Respondent) Representation: J Joshi (Health Services Union NSW) with J McDonald (Health Services Union NSW) (Applicant)