Public Employment Office, Department of Corrective Services v Sarolta Boda [2006] NSWIRComm 1

Industrial Relations Commission of New South Wales

CITATION: Public Employment Office, Department of Corrective Services v Sarolta Boda [2006] NSWIRComm 1

APPELLANT Public Empoyment Office, Department of Corrective Services PARTIES: RESPONDENT Sarolta Boda

FILE NUMBER(S): IRC 4081 of 2005

CORAM: Walton J Vice-President; Grayson DP; McLeay C

CATCHWORDS: Appeal - leave to appeal granted - unfair dismissal - initial claim before Governement and Related Employees Appeal Tribunal - conciliation failed and applicant withdrew appeal - thereafter barred from bringing fresh proceedings before GREAT - applicant commenced proceedings in the Commission - decision at first instance upheld - no prospect of dual proceedings at the relevant time - purposive construction of s 90 adopted - s 90 did not preclude applicant from commencing proceedings before Commission - appeal dismissed - no order as to costs

Government and Related Employees Appeal Tribunal Act 1980 LEGISLATION CITED: Industrial Relations Act 1991 s 254 Industrial Relations Act 1996 ss 86 89 90 169

Johnston v Department of Mineral Resources (1997) 73 IR 267 Owens v NSW Police Service [1998] NSWIR Comm 227 CASES CITED: Public Service Association of New South Wales v New South Wales Crime Commission and other matters (1993) 48 IR 363 Sebastian v Roads and Traffic Authority of NSW (1995) 62 IR 190 Skelly v Prouds Jewellers (1993) 53 IR 3 Tasovac n NSW Police Service (1998) 83 IR 410