New South Wales Technical and Further Education Commission v Valda June Kerrison [2004] NSWIRComm 369

Industrial Relations Commission of New South Wales in Court Session

CITATION : New South Wales Technical and Further Education Commission v Valda June Kerrison [2004] NSWIRComm 369 APPELLANT: New South Wales Technical and Further Education Commission PARTIES : RESPONDENT: Valda June Kerrison FILE NUMBER: IRC 7143 of 2003 CORAM: Walton J Vice-President; Staunton J; Staff J CATCHWORDS : Appeal - leave to appeal - medical retirement - requirements of s20 of Technical and Further Education Act - meaning of "cause the member to be retired" - administrative steps caused or brought about retirement within meaning of TAFE Act - steps consistent with usual practice - presumption of regularity - no formal process required to satisfy requirements of s20 of TAFE Act - no basis for additional contentions - leave to appeal granted - appeal upheld Interpretation Act 1987 LEGISLATION CITED : Industrial Relations Act 1996 Technical and Further Education Commission Act 1990 Construction, Forestry, Mining and Energy Union (New South Wales Branch) v Delta Electricity [2003] NSWIRComm 135 Hill v Green (1999) 48 NSWLR 161, (1999) 96 IR 371 Kerrison v New South Wales Technical and Further Education Commission [2003] NSWIRComm 76 CASES CITED : Kingmill Australia Pty Ltd t/a Thrifty Car Rental v Federated Clerks' Union of Australia, New South Wales Branch (2001) 106 IR 217 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Mills v Meeking (1990) 169 CLR 214 Zoological Parks Board of New South Wales and The Australian Workers' Union, New South Wales [2004] NSWIRComm 85 HEARING DATES: 03/11/2004; 09/20/2004 DATE OF JUDGMENT: 12/09/2004