Levy v. New South Wales Fire Brigades [2009] NSWIRComm 1011

Industrial Relations Commission of New South Wales

CITATION: Levy v. New South Wales Fire Brigades [2009] NSWIRComm 1011

APPLICANT New South Wales Fire Brigade Employees Union PARTIES: RESPONDENT New South Wales Fire Brigades

FILE NUMBER(S): IRC 1999 and 2000 of 2008

CORAM: Connor C

CATCHWORDS: claim of unfair dismissal - fire brigade - annulment of appointment - probationary employment - claim of unfair dismissal - jurisdiction - matter the subject of earlier proceedings before the Government and Related Employees Tribunal which were dismissed on jurisdictional grounds - current claim out-of-time - jurisdiction for probationary employees - preliminary decision confirming jurisdiction

Anti-Discrimination Act, 1977 LEGISLATION CITED: Government and Related Employees Tribunal Act 1980 Industrial Relations Act 1996 Police Services Act 1990

Airline Hostesses Association v. Qantas Airways Limited (1974) 16 AILR Rep.785 Alchin v. South Newcastle Leagues Club (1977) AR 236 Alexander v. Commissioner of Police [2009] NSWIRComm 3 Attorney General's Department of New South Wales v. Dafkovski (2007) 164IR 268 Buckman v. Burdekin Resources NL (1998) 85 IR 415 Claric 218 Pty Limited trading as Sanity Music v. Meldrum - unreported Dafkovski v. Attorney General's Department [2006] NSWIRComm 378 Davy v. Hawkesbury District Health Service Limited - unreported Department of Corrective Services v. Boda [2006] NSWIRComm 1 Director General of the Department of Corrective Services v. Mitchelson (1992) 42 IR 38 Earl v. Tony Pollard Electrics Pty Limited - unreported Re Electricity Commission of New South Wales (1982) 2 IR 403 CASES CITED: Levy v. New South Wales Fire Brigades (2008) GREAT Appeal No.PSD/624/08 Meehan v. Commissioner of Police (1999) 47 NSWLR 284 New South Wales Independent Teachers' Association v. St Aloysius College (1976) AR 91 Nicholson v. Heaven and Earth Gallery Pty Limited (1994) 57 IR 50 Parker v. Capitol Painters Pty Limited (1996) 68 IR 100 Port of Melbourne Authority v. Anshun Pty Limited (1980) 147 CLR 589 Price v. Box Valley Pty Limited (1999) 90 IR 480 Public Service Association of New South Wales v. New South Wales Crime Commission (1993) 48 IR 363 Public Service Association of New South Wales v. University of New South Wales (1980) AILR Rep.182 Skelly v. Prouds Jewellers Pty Limited (1994) 53 IR 3 Smith v. Director-General of School Education (1993) 51 IR 204 Wijessuriya v. Department of Conservation (1994) 54 IR 384 Yat Tung Investment Company Limited v. Dao Heng Bank Limited (1975) AC 581 Zonneveld v. South Eastern Sydney and Illawarra Area Health Service [2008] NSWIRComm 1119