NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Doherty v Secretary of the Department of Education (No 2) [2025] NSWIRComm 1001 Hearing dates: 16 and 17 July 2024, 3 and 19 September 2024 Date of orders: 13 January 2025 Decision date: 13 January 2025 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: Application dismissed Catchwords: UNFAIR DISMISSAL – medical retirement – procedural fairness – prospects of rehabilitation – credit of applicant – sound medical basis for dismissal Legislation Cited: Industrial Relations Act 1996 (NSW) Cases Cited: Alexander v Commissioner of Police [2009] NSWIRComm 3 Burge v NSW BHP Steel Pty Ltd (2001) 105 IR 325 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Ceniza v Secretary, Ministry of Health in respect of NSW Health Pathology South [2022] NSWIRComm 1002 Doherty v Secretary of the Department of Education [2024] NSWIRComm 1019 Hollingsworth v Commissioner of Police (No 2) (1999) 47 NSWLR 151 Starr v Commissioner of Police [2001] NSWIRComm 226; Alexander v Commissioner of Police [2009] NSWIRComm 3. Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Doherty v Secretary of the Department of Education [2024] NSWIRComm 1019 Texts Cited: NIL Category: Principal judgment Parties: Timothy Doherty (Applicant)
Secretary of the Department of Education (Respondent) Representation: Solicitors:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate