Stephen John Adams v The Public Employment Office by its agent the Director-General of the Department of Juvenile Justice [2005] NSWIRComm 1176

Industrial Relations Commission of New South Wales

CITATION: Stephen John Adams v The Public Employment Office by its agent the Director-General of the Department of Juvenile Justice [2005] NSWIRComm 1176

APPLICANT Stephen John Adams

RESPONDENT PARTIES: Public Employment Office by its Agent the Director General of the Department of Juvenile Justice

FILE NUMBER(S): 1905 of 2005

CORAM: Tabbaa C

HEARING DATES: 10/18/2005; 10/19/2005

DATE OF JUDGMENT: 10/25/2005

APPLICANT LEGAL REPRESENTATIVES:

RESPONDENT

DECISION:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: TABBAA, C.

18 April, 2006

Matter No IRC 1905 of 2005

Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Stephen John Adams) and Public Employment Office by its Agent the Director General of the Department of Juvenile Justice

Application by Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales on behalf of its member Stephen John Adams re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996

DECISION

[2005] NSWIRComm 1176

1 The Public Service Association and Professional Officers' Association Amalgamated Union of the New South Wales (PSA) filed an application on 14 April, 2005 pursuant to the provisions of Section 84 of the Industrial Relations Act 1996 seeking relief for the alleged unfair dismissal of casual Youth Officer (YO) Stephen John Adams, a member of that Association, by the Public Employment Office by its agent the Director-General of the Department of Juvenile Justice (the DJJ). 2 The matter was listed for conciliation and directions hearing on 26 May, 2005. However, that hearing was stood over to a date to be fixed upon advice being received that attempts were being made to organise a meeting between the Director-General, the Assistant Director-General and the PSA in relation to the said dismissal. 3 The Commission was advised, at a further conference and directions hearing held on 04 August, 2005, that the claim remained unresolved. 4 A filing Schedule was issued in relation to a threshold matter raised on behalf of the Respondent. It was contended that the Commission had no jurisdiction to deal with the Applicant's claim as he had been engaged as a casual employee. The threshold matter was set down for hearing on 17 August, 2005. However, that date was vacated and the filing schedule was revised on 23 August, 2005 following advice that the DJJ no longer wished to pursue that jurisdictional issue.