Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Rosanna Ganino) v Roads and Maritime Services [2014] NSWIRComm 8

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Rosanna Ganino) v Roads and Maritime Services [2014] NSWIRComm 8 Hearing dates: 20 February 2014 Decision date: 14 March 2014 Before: Boland AJ Decision: 1. The respondent shall pay to the applicant her gross salary from 23 July 2009 until the date of her reinstatement, 30 July 2012, as if she had been employed during that period, less: a. the gross amounts earned by her in alternative employment in the sum of $14,817, b. the gross amounts paid to her by the respondent in the period November 2011 to March 2012 being $41,662.27, c. the gross amount of salary paid to her as a consequence of orders made by Tabbaa C on 24 May 2013 (those orders having been subsequently quashed by the Full Bench in its decision delivered on 18 December 2013), resulting in an amount to be paid to the applicant of $79,111.43. 2. The total of the amounts in (1) is to be paid to the applicant net of income tax, if any, payable on that amount. 3. The respondent shall pay interest on the total of the amounts in (1) at the rates prescribed by s 100 of the Civil Procedure Act 2005 and as set out in the Uniform Civil Procedure Rules 2005, from 23 July 2009 up until the date of payment. 4. Payment of the amounts in (1) and (3) to be made within 21 days of the date of these Orders. 5. The applicant file evidence and submissions on the question of costs of the remitter by no later than 14 days of the date of these Orders. 6. The respondent to file and serve evidence and submissions on the question of costs the remitter by no later than 14 days after the date of the applicant filing and serving its material. 7. The applicant to file and serve evidence and submissions in reply on the question of costs of the remitter by no later than 7 days after the date of the respondent filing and serving its material. 8. Unless a party indicates it wishes to be heard on costs of the remitter the matter will be dealt with on the papers. 9. Liberty to apply on reasonable notice. Catchwords: Appeal - Unfair dismissal - Full Bench on appeal remitted the question of what were appropriate orders to be made in the first instance matter under s 89(3) of the Industrial Relations Act 1996 - Question on remitter resolved by parties - Three other issues raised by applicant on the remitter they being the payment of interest, continuity of service and costs - Held that interest to be paid on moneys ordered under s 89(3) - Held that remitter did not extend to determining any question relating to continuity of service - Held that remitter did not extend to determining costs of the appeal - Parties directed to file written submissions regarding costs of the remitter Legislation Cited: Civil Procedure Act 2005 Industrial Relations Act 1996 Uniform Civil Procedure Rules 2005 Cases Cited: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Rosanna Ganino) and Roads and Maritime Services [2013] NSWIRComm 106 Public Service Association and Professional Officers Association Amalgamated Union of NSW (on behalf of Rosanna Ganino) and Roads and Maritime Services [2012] NSWIRComm 1014 Texts Cited: Ritchie's Uniform Civil Procedure NSW Vol 1 (2005, Lexis Nexus Butterworths) Category: Separate question Parties: Ganino (Applicant) Roads and Maritime Services (Respondent) Representation: P F Lowson of counsel (Applicant) K L Eastman of senior counsel (Respondent) Coyne Legal (Applicant) Minter Ellison (Respondent) File Number(s): IRC 1141 of 2009