State of New South Wales v Banas [2004] NSWIRComm 255

Industrial Relations Commission of New South Wales in Court Session

CITATION : State of New South Wales v Banas [2004] NSWIRComm 255 APPELLANT State of New South Wales PARTIES : RESPONDENT Josef Banas FILE NUMBER: IRC 6147 of 2003 CORAM: Wright J President; Walton J Vice-President; Boland J Appeal - Application for leave to appeal and appeal - Unfair contract - Redundancy in the public sector - Relationship between ss 50, 51, 52, 53 and 55 of Public Sector Management Act 1988 and s 106 of Industrial Relations Act 1996 - Whether provisions of Part 5 of Workers Compensation Act 1987 preclude relief being granted under s 106 of Industrial Relations Act 1996 for personal injury - Stress and suffering - Exercise of discretion - Appeal dismissed CATCHWORDS : Unfair Contract - Appeal - Application for leave to appeal and appeal - Redundancy in the public sector - Relationship between ss 50, 51, 52, 53 and 55 of Public Sector Management Act 1988 and s 106 of Industrial Relations Act 1996 - Whether provisions of Part 5 of Workers Compensation Act 1987 preclude relief being granted under s 106 of Industrial Relations Act 1996 for personal injury - Stress and suffering - Exercise of discretion - Appeal dismissed Industrial Relations Act 1996 s 106 Public Service Act 1979 s 113 s 114 (repealed) LEGISLATION CITED : Public Sector Management Act 1988 s 50 s 51 s 52 s 53 s 55 s 95 (repealed) Supreme Court Act 1970 Supreme Court Rules 1970 Workers Compensation Act 1987 s 11A s 66 s 149 s 151E(3) s 151H Incitec Ltd and anor v Industrial Court of New South Wales and ors (1992) 45 IR 155 Jozef Banas v State of New South Wales [2003] NSWIRComm 317 King v State Bank of New South Wales (No 2) (2002) 126 IR 407 Legal and General Assurance Society Ltd v Stock (1993) 49 IR 464 CASES CITED : Public Service Association of New South Wales v Industrial Commission of New South Wales [1985] 1 NSWLR 627 Public Service Board (NSW) v Public Service Association (NSW), Re Steele [1987] 17 IR 286 Pullen v R & C Products Pty Ltd (1994) 60 IR 183 Stonham v The Speaker of the Legislative Assembly of New South Wales (2000) 97 IR 325 Walker v Industrial Court of New South Wales (1994) 53 IR 121 HEARING DATES: 08/09/2004; 08/10/2004 DATE OF JUDGMENT: 09/03/2004