Australian Salaried Medical Officers' Federation (New South Wales) (on behalf of Bruce Milne Hall) v Sydney South West Area Health Service [2007] NSWIRComm 175

Industrial Relations Commission of New South Wales

CITATION: Australian Salaried Medical Officers' Federation (New South Wales) (on behalf of Bruce Milne Hall) v Sydney South West Area Health Service [2007] NSWIRComm 175

APPELLANT Australian Salaried Medical Officers' Federation (New South Wales) (on behalf of Bruce Milne Hall) PARTIES: RESPONDENT Sydney South West Area Health Service

FILE NUMBER(S): IRC 2200 of 2006

CORAM: Wright J President; Walton J Vice-President; Boland J

Appeal - Unfair dismissal - Practice and procedure - Clinical academic employed by University - Claim that also employed at the same time by Area Health Service - Claim that Area Health Service had unfairly dismissed applicant - Decision at first instance to dismiss unfair dismissal claim on the ground that there was no intention to create legal relations and so no contract existed between applicant and respondent Area Health Service - Decision appealed - New evidence following handing down of judgment at first instance and prior to finalisation of appeal - Parties sought to have appeal upheld and the matter remitted to a single member to deal with new evidence - Disagreement over whether remitter should be limited to jurisdictional issue or both merit and jurisdiction - New evidence of a limited nature - Full Bench to hear new evidence and determine appeal

CATCHWORDS: Unfair dismissal - Appeal - Practice and procedure - Clinical academic employed by University - Claim that also employed at the same time by Area Health Service - Claim that Area Health Service had unfairly dismissed applicant - Decision at first instance to dismiss unfair dismissal claim on the ground that there was no intention to create legal relations and so no contract existed between applicant and respondent Area Health Service - Decision appealed - New evidence following handing down of judgment at first instance and prior to finalisation of appeal - Parties sought to have appeal upheld and the matter remitted to a single member to deal with new evidence - Disagreement over whether remitter should be limited to jurisdictional issue or both merit and jurisdiction - New evidence of a limited nature - Full Bench to hear new evidence and determine appeal