Kanta v NSW Police Force [2011] NSWIRComm 1022

Industrial Relations Commission New South Wales Medium Neutral Citation: Kanta v NSW Police Force [2011] NSWIRComm 1022 Hearing dates: 11 May 2011 Decision date: 13 May 2011 Jurisdiction: Industrial Relations Commission Before: Ritchie C Decision: Appeal is struck out on the basis of lack of jurisdiction. Catchwords: Public servant promotional appeal . Jurisdictional objection. Claim application filed outside 21 day time limitation. Applicant unaware that interviews had taken place and that appointment had been made and published. Applicant received correspondence from employer stating incorrect future date of publication. Publication had already taken place. Applicant filed appeal outside of expressed time limitation. Commission found that the expressed time limitation was mandatory and that there was no discretion. Appeal application dismissed. Legislation Cited: Industrial Relations Act, 1996 Government and related Employees Appeal Tribunal Act, 1980 Cases Cited: Secretary of the Department of Health v Harvey (1990) 34 IR 58. Category: Procedural and other rulings Parties: Chandra Kanta (Appellant)

NSW Police Force (Respondent) Representation: Mr Shaw for PSA & POA (Appellant)

Mr Fanning J for NSW Police Force (Respondent) File Number(s): IRC 357 of 2011

DECISION 1Ms Chandra Kanta filed an appeal with the Industrial Relations Commission against the appointment of Ms Kelly Rees to the position of Administration Co ordinator/Clerk Grade 5/6 Shared Services, Position No. 10/373. This appeal was received by the Industrial Relations Registry on 11 April 2010. 2On receipt of the Application for Appeal the NSW Police Force responded by advising that they wished to raise jurisdictional grounds with respect to the application. 3Standard Directions were provided to the parties and the matter was heard on 11 May 2010. At the completion of submissions the Decision was reserved.