Bourot v NSW Department of Public Works and Services & anor [2006] NSWIRComm 299

Industrial Relations Commission of New South Wales in Court Session

CITATION: Bourot v NSW Department of Public Works and Services & anor [2006] NSWIRComm 299

APPLICANT: Pascale Bourot

PARTIES: FIRST RESPONDENT: New South Wales Department of Public Works

SECOND RESPONDENT: Central Sydney Area Health Service

FILE NUMBER(S): IRC 5810 of 2000

CORAM: Marks J

CATCHWORDS: Application for declaratory relief – section 154 – applicant was medically retired from the public service – applicant attempted to rely on detailed examination of circumstances leading up to medical retirement - whether Court had jurisdictional ground to make declarations. HELD: No jurisdictional grounds against second respondent – application of Full Bench in Kerrison substantially limited applicant's evidence – decision to refer applicant for medical examination had no impact on validity of termination of applicant's employment – inappropriate to exercise discretion – proceedings dismissed – leave granted for argument about effective termination date.

Industrial Relations Act 1996 LEGISLATION CITED: Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Public Sector Management Act

Ainsworth v Criminal Justice Commission (1991- 1992) 175 CLR 564 Atlantis Relocations (NSW) Pty Ltd v Department of Industrial Relations [1997] NSWIRComm 185 FAI Insurances Limited v Winneke (1981-1982) 151 CLR 342 CASES CITED: Forster v Jododex Aust Pty Ltd (1972) 127 CLR 421. Gardner v Dairy Industry Authority of NSW (1977) 18 ALR 55 Kerrison v New South Wales Technical and Further Education Commission [2003] NSWIRComm 76 New South Wales Technical and Further Education Commission v Kerrison [2004] NSWIRComm 369