Robert Buttling v NSW Department of Education and Communities [2012] NSWIRComm 61

Industrial Relations Commission New South Wales Medium Neutral Citation: Robert Buttling v NSW Department of Education and Communities [2012] NSWIRComm 61 Hearing dates: 12-15 June; 25 June 2012 Decision date: 28 June 2012 Jurisdiction: Industrial Court of NSW Before: Kavanagh J Decision: 1. The application made under s 23 and for relief under s 23A of the Occupational Health and Safety Act 2000 and for relief under s 210(j) and s 213 of the Industrial Relations Act 1996 in Matter IRC 369 of 2012 is dismissed. 2. There is no order as to costs. Catchwords: UNLAWFUL DISMISSAL - unlawful dismissal application under s 23 and s 23A of Occupational Health and Safety Act 2000 and for relief under ss 210(j) and 213 of Industrial Relations Act 1996 - applicant did report alleged offence before repeal (Sch 18B Part 2 Clause 2 of Work Health and Safety Regulations) - finding offence provisions are retained under transitional provision of Workplace Health and Safety Act 2011 - applicant not empowered to bring action under s 106 of OHS Act - applicant has filed unfair dismissal therefore Industrial Court not empowered to make order given application under statutory instrument provides for a redress for dismissal - applications for dismissal - application dismissed Legislation Cited: Industrial Relations Act 1996 Occupational Health and Safety Act 2000 Work Health and Safety Act 2011 Category: Principal judgment Parties: Robert Buttling (Applicant) NSW Department of Education and Communities (Respondent) Representation: Mr P Ginters (Respondent) Self Represented (Applicant) NSW Department of Education and Communities (Respondent) File Number(s): IRC 369 of 2012