Singh v NSW Police [2011] NSWIRComm 1047

Industrial Relations Commission New South Wales Medium Neutral Citation: Singh v NSW Police [2011] NSWIRComm 1047 Hearing dates: 14 September, 2011 Decision date: 16 September 2011 Before: Macdonald C Decision: Appeals are disallowed on the basis of lack of jurisdiction Catchwords: Public servant promotional appeals. Jurisdictional objection by NSW Police Force. Claim applications filed outside 21 day time limitation. Public servant applied for particular job vacancy. Public servant notified by NSW Police Force incorrectly as to his unsuccessful job application. Public servant made one appeal based on this incorrect advice and later lodged two further appeals when correctly advised of outcome of his job application. HELD: The later two appeals lodged out of time and therefore the Commission lacked jurisdiction to consider those two appeals. The two appeals disallowed for lack of jurisdiction. Legislation Cited: Industrial Relations Act, 1996 Cases Cited: Kanta v NSW Police Force [2011] NSWIRComm 1022 Category: Procedural and other rulings Parties: Andrew Singh (Appellant)

NSW Police Force (Respondent) Representation: Andrew Singh (Appellant)

Angella Whitton for NSW Police Force (Respondent) File Number(s): IRC 1382 of 2011 and IRC 1385 of 2011

DECISION ON JURISDICTION 1Mr Andrew Singh ("the appellant") filed appeals with the Industrial Relations Commission of New South Wales ("the Commission"), against the appointments of three persons to the position of Adjudication Officer, Clerk Grade 5/6, Security Licensing & Enforcement Directorate, State Crime Command, Specialist Operations ("the appointed positions"). 2Dur to circumstances set out in this Decision, the three appeals lodged by the appellant, were lodged on two different days. 3One appeal was lodged within the twenty-one day time limit in which an appeal may be lodged (IRC 1146/2011). That appeal was made against the decision of the NSW Police Force to appoint a Andrew Vezos to one of the appointed positions. That appeal is not the subject of this Decision. 4The other two appeals lodged by the appellant are the subject of this Decision. They are appeals against the decision of the NSW Police Force to appoint Shani Gergi and Glenn Moffatt (IRC 1382/2011 and IRC 1385/2011 respectively) to the appointed positions. 5Those two appeals are the subject of this Decision, following the NSW Police Force jurisdictional objection that the appeals could not be further considered by the Commission because the appeals had been filed after the 21 day time limit for the filing of an appeal. 6The Standard Directions were issued to the appellant and the NSW Police Force for the filing of evidentiary material and a hearing date was set down to deal with the jurisdictional objection. The NSW Police Force did not file any material and did not appear on the day of the hearing (7 September 2011). My office made enquiries as to this non-attendance and the hearing was re-scheduled to 15 September to suit the convenience of the appellant. Subsequently, the appellant advised of that date's unsuitability and the hearing was altered to 14 September, being also the date by which the Commission had issued a direction for the NSW Police Force to file and serve its material as to jurisdictional objection. 7The hearing did take place on 14 September 2011. The appellant represented himself. Ms Angella Whitton, Senior Industrial Officer represented the NSW Police Force. She apologised on behalf of that organisation for the non-attendance of 7 September. 8At the completion of submissions from the appellant and Ms Whitton, the Commission reserved its Decision.