Mullins v Dept. of Education and Training [2006] NSWIRComm 1136

Industrial Relations Commission of New South Wales

CITATION: Mullins v Dept. of Education and Training [2006] NSWIRComm 1136

APPLICANT: PARTIES: Mr. Keith Mullins RESPONDENT: Dept. of Education and Training

FILE NUMBER(S): 5948 of 2005; 2784 of 2006 of

CORAM: Ritchie C

Application for unfair dismissal-constructive dismissal Application for reinstatement of injured employee Applications joined, to hear threshold jurisdictional argument by respondent. CATCHWORDS: Respondent stated that applicant had neither been terminated nor had he resigned. Applicant confirmed that he had not been terminated nor had he resigned. Sought from the Commission to investigate particular work issues. Commission found that as there had neither been a termination by the respondent nor had there been a resignation by the applicant ,the applicant was not an eligible employee to bring action under s.84 and or s. 92 of the Act. Applications dismissed.

LEGISLATION CITED: Industrial Relations Act, 1996

CASES CITED: Allison v Bega Valley Council 63IR 68

HEARING DATES: 06/09/06

DATE OF JUDGMENT: 09/08/2006

APPLICANT Mr K Mullens LEGAL REPRESENTATIVES: RESPONDENT: Mr P. Newall of Counsel Mr P. Quinn of the respondent.

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: Ritchie C.