Attorney General's Department of NSW v Lupcho Dafkovski [2007] NSWIRComm 94

Industrial Relations Commission of New South Wales

CITATION: Attorney General's Department of NSW v Lupcho Dafkovski [2007] NSWIRComm 94

APPELLANT/CROSS-RESPONDENT Attorney General's Department of New South Wales PARTIES: RESPONDENT/CROSS-APPELLANT Lupcho Dafkovski

FILE NUMBER(S): IRC 3681 and 3700 of 2006

CORAM: Walton J Vice-President; Harrison DP; Boland J

CATCHWORDS: Appeal - Application for leave to appeal and appeal - Public sector employee in a senior position in Local Courts administration dismissed for harassment and sexual harassment both in and outside workplace - some charges of harassment and sexual harassment not made out - employee reinstated at first instance as dismissal was harsh - Appeal by employer - cross appeal by employee against no order for back pay or continuity of employment - jurisdictional challenge - whether employee precluded from bringing unfair dismissal action by virtue of having initiated (and withdrawn) appeal proceedings before GREAT - statutory interpretation - statutory bar does not operate where appeal to GREAT is withdrawn before matter heard - whether dismissal harsh - dismissal found to be harsh - leave to appeal granted - appeal dismissed - Cross appeal - leave to appeal against no order for back pay refused - leave to appeal against no order for continuity of employment granted - appeal re continuity of employment upheld - order for continuity substituted.

Anti-Discrimination Act 1977 LEGISLATION CITED: Government and Related Employees Appeal Tribunal Act 1980, ss 24, 25, 26, 28, 29, 31 Industrial Relations Act 1996, ss 89(4), 90