Buttling v NSW Department of Education and Communities (No 2) [2012] NSWIRComm 72

Industrial Relations Commission New South Wales Medium Neutral Citation: Buttling v NSW Department of Education and Communities (No 2) [2012] NSWIRComm 72 Hearing dates: 5 July 2012 Decision date: 10 July 2012 Jurisdiction: Industrial Relations Commission Before: Boland J, President Decision: The Commission orders that the applicant's notice of motion seeking non-disclosure orders is dismissed. Catchwords: APPEAL - UNFAIR DISMISSAL - Appeal against refusal of tribunal at first instance to uphold unfair dismissal claim - Interlocutory application by appellant for order that decision at first instance not be published - Relevant principles to be applied in respect of non-disclosure orders - Open justice - Exceptional circumstances required for non-disclosure order to be made - No exceptional circumstances - Application refused Legislation Cited: Industrial Relations Act 1996 Cases Cited: Day v Smidmore (No 2) [2005] NSWIRComm 406; (2005) 149 IR 80 John Fairfax Publications Pty Ltd v District Court of New South Wales [2004] NSWCA 324; (2004) 61 NSWLR 344 John Fairfax Group Pty Ltd v Local Court of New South Wales (1991) 26 NSWLR 131 Rinehart v Welker [2011] NSWCA 403 Robert Buttling v NSW Department of Education and Communities [2012] NSWIRComm 60 Category: Interlocutory applications Parties: Robert Jeffrey Buttling (Applicant on the motion) NSW Department of Education and Communities (Respondent on the motion) Representation: P Ginters of counsel (Respondent on the motion) R Buttling (Applicant on the motion - in person) NSW Department of Education and Communities (Respondent on the motion) File Number(s): IRC 744 of 2012 Decision under appeal Jurisdiction: 9105 Citation: Robert Buttling v NSW Department of Education and Communities [2012] NSWIRComm 60 Date of Decision: 2012-06-28 00:00:00 Before: Kavanagh J File Number(s): IRC 368 of 2012