Jones v NSW Department of Education and Training [2007] NSWIRComm 99

Industrial Relations Commission of New South Wales

CITATION: Jones v NSW Department of Education and Training [2007] NSWIRComm 99

APPLICANT PARTIES: Ms Janette Jones RESPONDENT NSW Department of Education and Training

FILE NUMBER(S): IRC 6238 of 2005

CORAM: Harrison DP

CATCHWORDS: Application for relief from victimisation pursuant s 213 of the Act - Allegation of transfer in retaliation of refusal to supervise students and raising of safety issues arising from supervision of students - application out of time Held - Application accepted out of time - school administrative assistants not required to supervise students - allegation that supervision was required not made out - applicant did not supervise students - transfer to another position within award classifaction lawful and reasonable instruction of employer - employee obliged to comply - no detriment to employee - employee not victimised - substantial and operative reason for transfer response to reduction in staff resulting from decrease in student numbers and need for multiskilling, not matters proscribed by s 210(1) of Act - application refused.

LEGISLATION CITED: Industrial Relations Act 1996

Davis v Amalgamated Television Services Pty Ltd (1998) 81 IR 364 Alley v Camnex Pty Ltd T/as Combined Nursery Sales [2005] NSWIRComm 357 Twentieth Superpace Nominees (t/as Specialised Container Transport) v Transport Workers' Union (NSW) (2006) 156 IR 323 CASES CITED: Mullin v Catholic Education Office [2003] NSWIRComm 4; CFMEU v Ace Scaffolding [2004] NSWIRComm 13; Kumar v Macquarie Partnership Lawyers [2005] NSWIRComm 202 Australasian Meat Industry Employees' Union v Belandra Pty Ltd (2003) 126 IR 165 Briginshaw v Briginshaw (1938) 60 CLR 336. Crown Employees (School Administrative and Support Staff) Award (2005) 351 IG 374