Barbara Scott and Greyhound & Harness Racing Regulatory Authority [2009] NSWIRComm 1005

Industrial Relations Commission of New South Wales

CITATION: Barbara Scott and Greyhound & Harness Racing Regulatory Authority [2009] NSWIRComm 1005

APPLICANT Barbara Scott PARTIES: RESPONDENT Greyhound & Harness Racing Regulatory Authority

FILE NUMBER(S): 820 of 2008

CORAM: Tabbaa C

Temporary Employment Casual Conversion Bullying CATCHWORDS: Sexual Harassment Misconduct Composition of Selection Committee Reinstatement

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 07/10/08-09/10/09.

DATE OF JUDGMENT: 11 February 2009

Mr John Murphy, of Counsel, with Brooke Pendelbury (instructing Solicitor) on behalf of the Applicant LEGAL REPRESENTATIVES: Mr Paul Brown, Solicitor, on behalf of the respondent

DECISION: -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Tabbaa C 11 February 2009

Matter No. IRC 820 of 2008 BARBARA SCOTT and GREYHOUND & HARNESS RACING REGULATORY AUTHORITY Application by Barbara Scott re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 ............................................................................................................................ D E C I S I O N

1 Ms Barbara Scott, the Applicant, filed a claim pursuant to s 84 of the Industrial Relations Act 1996 (the "Act") in which she contended that she commenced employment as a casual cadet Harness Racing Steward on 24 March 2006 with the Greyhound & Harness Racing Regulatory Authority (the "Respondent"), the only employer of harness racing stewards in New South Wales. She was elevated to a temporary position which she failed to secure in a permanent capacity following a selection process. That temporary employment ceased on 8 May 2008. The Applicant continues to be employed on a casual basis. 2 The claim for relief relates to the cessation of the temporary employment position. The applicant is seeking the primary remedy under the Act, which is reinstatement to that position. The Respondent submitted that the Applicant is effectively seeking an order to create a role and have the applicant appointed to that position. 3 Mr John Murphy, of Counsel, appeared for, and called evidence from, the Applicant. 4 Mr Paul Brown, Solicitor, appeared on behalf of the Respondent and called evidence from: Mr John Coughlan Chief Executive Officer Ms Kay Johnson Human Resources Manager Mr Michael Beattie Chair of Stewards, Harness Racing Panel FACTUAL BACKGROUND & CHRONOLOGY