Australian Salaried Medical Officers' Federation (New South Wales) (on behalf of Dhayanithi Sivathondan) and South Western Sydney Area Health Service [2002] NSWIRComm 98

Industrial Relations Commission of New South Wales

CITATION : Australian Salaried Medical Officers' Federation (New South Wales) (on behalf of Dhayanithi Sivathondan) and South Western Sydney Area Health Service [2002] NSWIRComm 98 APPLICANT Australian Salaried Medical Officers' Federation (New South Wales) (on behalf of Dhayanithi Sivathondan) PARTIES : RESPONDENT South Western Sydney Area Health Service FILE NUMBER: IRC 2581 of 2001 CORAM: Boland J CATCHWORDS : Unfair dismissal - Application under s 89 of Industrial Relations Act for interlocutory orders not to dismiss employee in accordance with threat of dismissal - Principles governing the grant or refusal of interlocutory orders - Orders granted subject to certain conditions LEGISLATION CITED : Industrial Relations Act 1996 Medical Practice Act 1992 A and The Commission for Children and Young People (No 4) (2000) 104 IR 131 Castlemaine Tooheys Limited & Others v The State of South Australia (1986) 161 CLR 148 Ellen Ford v W D & H O Wills (Australia) Ltd (Unreported, Matter No IRC99/4549, 3 September 1999) CASES CITED : Four Sons Pty Limited v Sakchai Limsiripothong (2000) 98 IR 1 Geoffrey Bowker v Prophecy Technologies Pty Limited (unreported, Matter No IRC 291 of 1999, 26 May 1999) Hill v Director-General of the Department of Education and Training (NSW) (1998) 85 IR 201 Lane v Commonwealth Bank of Australia (Unreported, Matter No IRC99/2721, 9 August 1999) Public Service Association v NSW Fisheries (Unreported, Matter No. IRC98/5120, 8 April 1999) HEARING DATES: 04/24/2002 DATE OF JUDGMENT: 05/10/2002