Thomas and Consulate General of India [2002] NSWIRComm 24

Industrial Relations Commission of New South Wales

CITATION : Thomas and Consulate General of India [2002] NSWIRComm 24 APPLICANT - Respondent to notice of motion PARTIES : Colleen Daphne Thomas RESPONDENT - Applicant to notice of motion Consulate General of India FILE NUMBER: 4318 of 2000 CORAM: Sams DP Termination of employment - unfair dismissal - notice of motion - jurisdiction of the Commission - interpretation of Federal Act - diplomatic immunity for a foreign State - whether the Commission is a "court" - whether Commonwealth powers vested in a State court - whether respondent validly served with initiating process - waiver of right to object to service - rights and obligations under the contract of employment. CATCHWORDS : Held, the Commission is a "court" for the purposes of the Foreign States Immunities Act - rights and obligations on employee and employer arise from the contract of employment, notwithstanding the contract has been terminated - transfer of Commonwealth judicial power not relevant - Federal Act prevents reinstatement, but not compensation - initiating process not properly served - respondent waived right to object to ineffective service - application properly before the Commision - notice of motion dismissed - jurisdiction confirmed - further proceedings programmed. Industrial Relations Act 1996 Foreign States Immunities Act 1985 LEGISLATION CITED : Diplomatic Privileges and Immunities Act 1967 (Cth) Judicial Officers Act 1986 Constitution Act 1902 Industrial Relations Act 1988 (Cth) R v Davidson, 90 CLR 367 GIO Australia Ltd v O'Donnell, 70 IR 1 Hollingsworth v Commissioner of Police, 81 IR 276 Virtue v NSW Department of Education, 92 IR 428 Packer v The Greater Murray Area Health Service, CASES CITED : NSW IRComm 149 Heath v Hanning 1999 NSWSC 719 Brian Rochford Ltd (Administrator Appointed) and Textile, Clothing and Footwear Union of New South Wales, 47 NSWLR 47 Robinson v Kuwait Liaison Office, 73 IR 33