Parker v Secretary Department of Education and Communities [2015] NSWIRComm 1020

Industrial Relations Commission New South Wales Medium Neutral Citation: Parker v Secretary Department of Education and Communities [2015] NSWIRComm 1020 Hearing dates: 30 October 2015 Decision date: 10 November 2015 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: The respondent's submission that the Commission lacks jurisdiction in the matter is rejected. Catchwords: UNFAIR DISMISSAL – Jurisdiction – dismissal – when resignation can be regarded as dismissal for purposes of Act – constructive dismissal – determination of whether a termination was in fact a constructive dismissal to be arrived at by a transactional analysis – ultimatum provided - no negotiations after ultimatum provided – dismissal – jurisdiction lies. Cases Cited: Allison v Bega Valley Council (1995) 63 IR 68 Smith v Director General of Education (1993) 51 IR 204 Category: Principal judgment Parties: Ms S Parker (applicant) Secretary Department of Education and Communities (respondent) Representation: Counsel: Miss L Doust (applicant); Mr A Britt (respondent)

Solicitors: De Brennan Tomlinson Pearce (applicant) Ms M Buchanan (respondent) File Number(s): IRC 270 of 2015

Judgment 1. This decision is made in the context of an application pursuant to s.84 of the Industrial Relations Act 1996 ('the Act') brought by Ms Stacey Parker against the Secretary Department of Education and Communities. 2. In the course of conciliation of that application the respondent raised the question of the Commission's jurisdiction to hear and determine the application. The question of jurisdiction was then referred to me for determination. 3. While the respondent raised the question of jurisdiction, there is in terms no moving party in the proceedings before me, which is entirely appropriate. The Commission, as a body with a jurisdiction prescribed by statute, either has jurisdiction to hear a given matter or it does not. Questions of onus do not arise.