Mallegowda v Hawkesbury City Council [2024] NSWIRComm 1048

Industrial Relations Commission New South Wales Medium Neutral Citation: Mallegowda v Hawkesbury City Council [2024] NSWIRComm 1048 Hearing dates: 2 August 2024 Date of orders: 9 August 2024 Decision date: 09 August 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner McDonald Decision: Proceedings 2024/96185 and 2024/112612 are permanently stayed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Victimisation and Unfair dismissal claims — Whether parties entered into a binding agreement to settle the claims – Where offer made by Respondent "subject to Deed of Release" ostensibly accepted by Applicant – Where Applicant contended that parties' intention was not to make a concluded bargain unless and until a deed was signed — Evidence established parties intended to be bound before signing deed, however signing of deed was condition of performance EVIDENCE — Privileges — Evidence of settlement negotiations admissible in proceeding in which the making of a settlement agreement is in issue JUDGMENTS AND ORDERS — Appropriate order to be made pursuant to s 73(1)(b) of the Civil Procedure Act 2005 (NSW) in circumstances where signing deed is a condition of performance – proceedings permanently stayed Legislation Cited: Civil Procedure Act 2005 (NSW), ss 4, 67, 73 and Sch 1 Evidence Act 1995 (NSW), s 131 Industrial Relations Act 1996 (NSW), Part 6, ss 163(1)(b),174, 213 Cases Cited: Australian Broadcasting Corporation v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 Dr Payne v The University of Sydney & Anor [2000] NSWIRComm 102 Falconer v Fire and Rescue NSW [2020] NSWIRComm 1053 Geebung Investments Pty Ltd v Varga Group Investments (No 8) Pty Ltd (1995) 7 BPR 14,551 Jones v Jones [2024] NSWSC 210 Liszt v Health Secretary in respect of Sydney Local Health District (No 2) [2020] NSWIRComm 1078 Liszt v Health Secretary in respect of Sydney Local Health District [2020] NSWIRComm 1030; 295 IR 285 Masters v Cameron [1954] HCA 72; (1954) 91 CLR 353 Pavlovic v Universal Music Australia Pty Ltd [2015] NSWCA 313 Secretary of the Ministry of Health v New South Wales Nurses and Midwives' Association [2022] NSWSC 1178; 320 IR 249 Stokes v Toyne [2023] NSWCA 59 Category: Procedural rulings Parties: Shashikanth Mallegowda (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: D Nagle (Respondent) Solicitors: Thomas Duffy, Local Government NSW (Respondent) File Number(s): 2024/96185 and 2024/112612 Publication restriction: None