Herning v DF& CS [2012] NSWIRComm 1008

Industrial Relations Commission New South Wales Medium Neutral Citation: Herning v DF& CS [2012] NSWIRComm 1008 Hearing dates: 12/04/12 Decision date: 14 May 2012 Before: Ritchie C Decision: Catchwords: Notice of Appeal -Public Sector Discipline-refuse increment-filed. Appellant had an increment deferred- investigation took place-increment deferred for six months-appellant transferred to another department-appellant's increment deferred and then approved with back pay to the point of end of first six months.- Respondent stated that IRC lacked jurisdiction to hear appeal as s.97(1)(a) did not apply. Appellant submitted that action to back pay occurred beyond six months therefore IRC had jurisdiction. Commission found that it did not have jurisdiction as deferment, and therefore payment did not go beyond six months. Legislation Cited: Industrial Relations Act, 1996 : Public Sector Employment & Management Act, 2009. Public Sector Employment & Management Regulation 2009. Government 7 Related Employees Appeal Tribunal Act. Cases Cited: Prehns and Director General of the Department of Environment & Climate Change (Appeal PSD/36/09) Director General of th eDepartment of Corrective Services v Mitchelson (1992) 26NSWLR648. David John Sheppard v Director General of Department of Community Services (55/ 2000) Category: Principal judgment Parties: Mr Andrew Herning (appellant): Department of Family and Community Services (respondent). Representation: Ms E Brus (respondent) Ms A Mc Robert - W G McNally Jones Staff-Solicitors. File Number(s): IRC 1387 of 2011