NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Edward Simon v Industrial Relations Secretary in respect of Department of Customer Service [2024] NSWIRComm 1070 Hearing dates: 22 November 2024 Date of orders: 22 November 2024 Decision date: 22 November 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: The application is dismissed for want of jurisdiction. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Industrial Relations Commission — Jurisdiction — Unfair Dismissal — Probation — Reasonable maximum period of probation — Whether maximum period determined in advance — Application of Government Sector (General) Employment Rules 2014 — Maximum period of probation of 12 months reasonable Legislation Cited: Government Sector Employment Act 2013 Government Sector (General) Employment Rules 2014 Industrial Relations Act 1996 Industrial Relations (General) Regulation 2020 Cases Cited: Beadman v NSW State Emergency Service [2020] NSWIRComm 1043 Cullen and Carver [2004] NSWIRComm 206 Nicholson v Heaven and Earth Gallery Proprietary Limited (1994) 57 IR 50 Shrethra v City of Ryde Council [2024] NSWIRComm 1005 Smith and Corrective Services [2012] NSWIRComm 30 Category: Principal judgment Parties: Edward Simon (Applicant) Industrial Relations Secretary in respect of Department of Customer Service (Respondent) Representation: Counsel: A Rogers (Applicant) V Bulut (Respondent)
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