Bale and Crown in Right of the State of New South Wales (Attorney-General's Department) [2000] NSWIRComm 248

Industrial Relations Commission of New South Wales

CITATION : Bale and Crown in Right of the State of New South Wales (Attorney-General's Department) [2000] NSWIRComm 248 APPLICANT: PARTIES : Terriann Nicole Bale RESPONDENT: Crown in right of the State of New South Wales (Attorney-General's Department) FILE NUMBER: IRC 1999 of 2000 CORAM: Boland J CATCHWORDS : Unfair dismissal - Jurisdiction - Tipstaff - Crown employee - Workplace harassment of applicant by fellow employee - Whether applicant an employee within meaning of Pt 6 of Ch 2 of the Industrial Relations Act 1996 - Tipstaff a minor appointment under s 47 of Constitution Act 1902 - Right of Crown to dismiss at pleasure - Whether re-appointment of tipstaff to staff of another judge was an implied term of contract of employment - Whether Crown had unilaterial right to transfer applicant - Dismissal found to be harsh, unreasonable and unjust - Reinstatement impracticable - Compensation ordered Constitution Act 1902 Government and Related Employees Appeal Tribunal Act 1980 Industrial Relations Act 1996 Industrial Relations (General) Regulation 1996 LEGISLATION CITED : Industrial Relations Commission Rules 1996 Interpretation Act 1987 Public Service Act 1979 Public Sector Management Act 1988 Public Sector Managerment (General) Regulation 1996 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Con-Stan Industries of Australia Pty Ltd v Norwich Winterthur Insurance (Australia) Ltd (1986) 160 CLR 226 Coutts v The Commonwealth of Australia (1985) 157 CLR 117 Deynzer v Campbell [1950] NZLR 790 Gould v Stuart [1896] AC 575 Holly v Director of Public Works (1988) 14 NSWLR 140 CASES CITED : Josephson v Young (1900) 17 WN (NSW) 12 Moore v Newcastle City Council (1997) 77 IR 210 Norman Charles Good-and-Attorney-General of Western Australia (unreported, No PSAB5 of 1998, Western Australian Industrial Relations Commission (Public Service Appeal Board), 26 June 1998) Perkins v Grace Worldwide (Aust) Pty Ltd (1997) 72 IR 186 R v McN (1963) 63 SR (NSW) 186 Ryder v Foley (1906) 4 CLR 422 Suttling v Director-General of Education [1985] 3 NSWLR 427 HEARING DATES: 10/16/2000 DATE OF JUDGMENT: 12/06/2000