Fay Louise Sconce v Commissioner of Corrective Services & Ors; Evelyn Lloyd v Commissioner of Corrective Services & Ors [2008] NSWCA 94

Reported Decision: 172 IR 437

New South Wales Court of Appeal

CITATION: Fay Louise Sconce v Commissioner of Corrective Services & Ors; Evelyn Lloyd v Commissioner of Corrective Services & Ors [2008] NSWCA 94

HEARING DATE(S): 7 May 2008

JUDGMENT DATE: 15 May 2008

JUDGMENT OF: McColl JA at 1; Handley AJA at 2; Gzell J at 21

1. Appeals allowed with costs. DECISION: 2. Decision of the Government and Related Employees Appeal Tribunal, ordering that the appeals to that Tribunal by Ms Sconce and Ms Lloyd be struck out for want of jurisdiction, set aside. 3. Order that both matters be remitted to the Tribunal to be heard and determined according to law.

CATCHWORDS: PUBLIC SERVICE - Promotion appeals to GREAT - Applicants required to nominate location of positions applied for - Positions not identified in advertisement - Applicants entitled to appeal from promotions to locations not applied for

LEGISLATION CITED: Government and Related Employees Appeal Tribunal Act 1980

CATEGORY: Principal judgment

CASES CITED: Wijesuriya v Director-General of the Department of Conservation (1994) 54 IR 384

Fay Louise Sconce (Appellant) PARTIES: Commissioner of Corrective Serivces & Ors (Respondents) Evelyn Lloyd (Appellant) Commissioner of Corrective Services & Ors (Respondents)

FILE NUMBER(S): CA 40692/07; 40693/07

COUNSEL: M Gibian (Appellants) S I J Prince (Respondents)

SOLICITORS: W G McNally Jones Staff (Appellants) Commissioner of Corrective Services (Respondents)

LOWER COURT JURISDICTION: Government and Related Employees Tribunal

LOWER COURT FILE NUMBER(S): GREAT NO PSP/117; 120; 123; 127-133 & 288-292/07 GREAT NO PSP/188/07