Jones v Attorney General's Department NSW [2002] NSWIRComm 253

Industrial Relations Commission of New South Wales

CITATION : Jones v Attorney General's Department NSW [2002] NSWIRComm 253 PARTIES : Jannette Jones Attorney General's Department NSW FILE NUMBER: IRC 1632 of 2002 CORAM: Grayson DP Contract of temporary employment - expressly acknowledged - terminable at earlier than final date on stated grounds - ongoing monitoring and review - measurement of effectiveness against desired outcomes - signs of tension and strain from outset - no imputation of wrongdoing per se - alleged representation of permanent employment - ignomonious accompaniment from workplace CATCHWORDS : Held, respondent conduct inappropriate - more compassionate approach called for - procedural irregularity - dismissal harsh, unreasonable, unfair - compensation ordered LEGISLATION CITED : Industrial Relations Act 1996 Public Sector Management Act 1988 HEARING DATES: 10/01/2002 DATE OF JUDGMENT: 10/04/2002

APPLICANT Ms J Jones in person

LEGAL REPRESENTATIVES: RESPONDENT Mr G de Courcey, solicitor Crown Solicitors Office

JUDGMENT: - 5 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES Friday, 4 October 2002

Matter No IRC 1632 of 2002

JANNETTE JONES v ATTORNEY GENERAL'S DEPARTMENT NSW

Application by Jannette Jones re unfair dismissal pursuant to s 84 of the Industrial Relations Act 1996 DECISION [2002] NSWIRComm 253

1 The applicant in these proceedings, Ms Jones, alleges unfair dismissal and seeks compensation under s 89 (5) of the Industrial Relations Act 1996 (the Act). She does not seek reinstatement and she does not seek re-employment in a position other than the one she occupied albeit only briefly, with the respondent.