Karolyn Hunter and Corrective Services NSW [2012] NSWIRComm 1020

Industrial Relations Commission New South Wales Medium Neutral Citation: Karolyn Hunter and Corrective Services NSW [2012] NSWIRComm 1020 Hearing dates: 9 August 2012 Decision date: 28 August 2012 Before: Tabbaa C AM Decision: Appeal dismissed for want of jurisdiction Catchwords: Appeal against decision to appoint or recommend the appointment of another applicant to a vacant position; Jurisdictional issue re: right of appeal where Appellant is in receipt of salary in excess of the salary applicable to the advertised position; No discretionary powers available to the Commission pursuant to s. 95(e). Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Karolyn Hunter (Appellant) - self-represented Ms G Singer Corrective Services NSW (Respondent) File Number(s): IRC 776 of 2012

DECISION

Introduction 1The Appellant, Ms Karoyln Hunter, is employed as a Correctional Education Officer with Corrective Services NSW. 2A vacancy was advertised on 21 January 2012 for the position of Senior Correctional Education Officer (SCEO), South Coast Correctional Centre. It is not disputed that the Appellant was, at that time, eligible to apply, and did apply, for consideration for that position. She was one of six applicants interviewed for the position on 27 February 2012 and the recruitment process was finalised on 19 June 2012. 3Ms Tanya Bennett accepted that position on 20 June 2012 and accepted the offer of $93,999 per annum for the performance of that role which has a salary range of $93,999 to $96,904 per annum. 4The Appellant filed an appeal on 11 July 2012 against the appointment of Ms Tanya Bennett on the basis that she possessed greater merit in all selection criteria. 5The Respondent objects to the appeal being heard on the basis that, at the time of the appointment of Ms Bennett, the Appellant was ineligible to appeal the decision on jurisdictional grounds.