Prehn v Department of Environment and Conservation (No 2) [2007] NSWIRComm 34

Industrial Relations Commission of New South Wales

CITATION: Prehn v Department of Environment and Conservation (No 2) [2007] NSWIRComm 34

APPELLANT Annette Prehn PARTIES: RESPONDENT State of New South Wales (Department of Environment and Conservation)

FILE NUMBER(S): IRC 2339 and IRC 2937 of 2006

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

CATCHWORDS: Appeal - Victimization - Appeal against decision of Deputy President - Out of time application - Application for return to work orders - Procedural ruling on order of proceedings - Significance of internal disciplinary process to time of application - Application held out of time - Appeal from discretionary decision - Leave to appeal refused.

LEGISLATION CITED: Industrial Relations Act 1996

Brady v Kennedy t/as "Sardines" (1999) 91 IR 258 Commonwealth of Australia; Ex Parte Marks, Re (2000) 177 ALR 491 DAS v Minister for Immigration and Multicultural Affairs (2004) 208 ALR 229 Healey v HPA Pty Ltd (2003) 125 IR 227 CASES CITED: Hosemans v Commissioner of Police (No 4) (2005) 150 IR 263 Hurrell v Queensland Cotton Corporation (2003) 125 IR 14 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Kumar v Macquarie Partnership Lawyers [2005] NSWIRComm 202 Prehn v Department of Environment and Conservation [2006] NSWIRComm 222

HEARING DATES: 14 November 2006, 20 February 2007 EXTEMPORE JUDGMENT DATE: 20 February 2007