Michelle Thompson v St John of God Health Services NSW [2004] NSWIRComm 46

Industrial Relations Commission of New South Wales in Court Session

CITATION : Michelle Thompson v St John of God Health Services NSW [2004] NSWIRComm 46 Applicant: PARTIES : Michelle Thompson Respondent: St John of God Health Services NSW FILE NUMBER: IRC7261 of 2003 CORAM: Kavanagh J CATCHWORDS : Section 106 - Notice of Motion - Ex tempore decision - Application for injunctive relief to stop investigation of allegations against CEO - alleged unfairness in procedures adopted for investigation - allegation that continuance of investigation would be contempt of court - allegation money orders would provide inappropriate relief - consideration of implied power of Commission in Court Session as to injunctive relief - circumstances considered as to a contempt of court or a possible contempt - finding investigation procedures may be found to be unfair in conduct of contract - relief as to voidance, variation and/or money is the relief as legislated under s106 - injunctive relief not granted - application rejected in use of court's discretion - investigation by employer not a contempt or possible contempt LEGISLATION CITED : Industrial Relations Act 1996 Sea Acres Rainforest Centre Pty Limited v State of New South Wales [2001] 109 IR 56 Logan v WorldAudio Pty Ltd [2003] NSWIRComm 87 CASES CITED : Mitchforce v Industrial Relations Commission & Ors [2003] NSWCA 151 TAB Agents Association of NSW v TAB Limited [2003] NSWIRComm 316 John Fairfax Publications Pty Limited v Doe (1995) 37 NSWLR 81 Industrial Registrar of New South Wales v The Uniting Church in Australia Property Trust (NSW) [2003] NSWIRComm 387&388 HEARING DATES: 02/23/2004 EXTEMPORE JUDGMENT DATE : 02/26/2004