Australian Salaried Medical Officers' Federation (New South Wales) o-b Bruce Milne Hall v Sydney South West Area Health Service (No 2) [2007] NSWIRComm 243

Industrial Relations Commission of New South Wales

CITATION: Australian Salaried Medical Officers' Federation (New South Wales) o-b Bruce Milne Hall v Sydney South West Area Health Service (No 2) [2007] NSWIRComm 243

APPELLANT Australian Salaried Medical Officer's 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 - Leave to appeal - Unfair dismissal - Contract of employment - Clinical Academic employed by University - Clinical Academic appointed by the University to the position of Professor of Medicine in the School of Medicine and Director of the Division of Medicine at Liverpool Hospital - Area Health Service directed Academic not to attend Liverpool Hospital until certain matters relating to his appointment at the Liverpool Health Service had been resolved - Clinical Academic sought reinstatement by Area Health Service - First instance decision found that Clinical Academic not employed by Area Health Service on the basis there was no intention to create legal relations and therefore relief under Ch 2 of Pt 6 of the Industrial Relations Act 1996 refused because Clinical Academic not an employee of the Area Health Service - New evidence admitted on appeal - Subjective intention of parties not relevant - Objective test to determine whether intention to create legal relations - Employment indicia - First instance decision and orders quashed - Held Clinical Academic entitled to bring and maintain proceedings pursuant to Chapter 2, Part 6 of the Industrial Relations Act 1996.