Reddin v Department of Ageing, Disability and Home Care [2002] NSWIRComm 269

Industrial Relations Commission of New South Wales

CITATION : Reddin v Department of Ageing, Disability and Home Care [2002] NSWIRComm 269 PARTIES : Rebecca Reddin Department of Ageing, Disability and Home Care FILE NUMBER: IRC 3408 of 2002 CORAM: Grayson DP Challenge to jurisdiction - operation of regulation exempting classes of employees from unfair dismissal jurisdiction - regulation refers to "a contract of employment" - not to be construed as a number of contracts in the aggregate - contract of temporary employment for specified period of less than 6 months - expressly acknowledged by applicant - applicant engaged as locum on separate contracts of temporary employment - no obligation on employer to extend or renew - no representation express or implied of ongoing employment CATCHWORDS : Held, applicant exempted by operation of regulation - application dismissed LEGISLATION CITED : Industrial Relations Act 1996 Industrial Relations Regulations 1996 HEARING DATES: 10/09/2002 DATE OF JUDGMENT: 10/11/2002

Ms R Reddin in person LEGAL REPRESENTATIVES: Mr B King, Department of Ageing, Disability and Home Care

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES Coram: Grayson DP Friday, 11 October 2002

Matter IRC 3408 of 2002

REBECCA REDDIN V DEPARTMENT OF AGEING, DISABILITY AND HOME CARE

Application by Rebecca Reddin pursuant to section 84 of the Industrial Relations Act 1996 re alleged unfair dismissal

DECISION NSWIRComm 269

1 This decision concerns a jurisdictional challenge raised by the employer, the Department of Ageing, Disability and Home Care, in respect of an application for relief from alleged unfair dismissal.