Hanna v Northern Sydney Local Health District [2016] NSWIRComm 1025

Industrial Relations Commission New South Wales Medium Neutral Citation: Hanna v Northern Sydney Local Health District [2016] NSWIRComm 1025 Hearing dates: 06/08/2015, Submissions: Applicant 30/09/2015; Respondent 07/10/2015. Decision date: 22 June 2016 Jurisdiction: Industrial Relations Commission Before: Stanton C Decision: Notice of motion granted – s 84 application dismissed Catchwords: Unfair dismissal – alleged constructive dismissal – Notice of Motion to dismiss application for want of jurisdiction – requirements of s 90 undertaking considered – refusal to accept reasonable direction to attend independent medical assessments – no probative evidence to support claims of bullying and harassment – failure to co-operate or participate in investigation – show cause letter issued – applicant tendered her resignation prior to meeting with respondent – applicant resigned voluntarily – application dismissed Legislation Cited: Industrial Relations Act 1996 Anti-Discrimination Act 1977 Government Sector Employment Regulation 2014 Fair Work Act 1999 Cases Cited: Achal v Electrolux (1993) 50 IR 236 Allison v Bega Valley Council (1995) 63 IR 68 Attorney-General v Wentworth (1988) 14 NSWLR 481 Birrell v Australian National Airlines Commission (1984) 9 IR 101 Bray v Corporation of the Synod of the Diocese of Brisbane T/A Anglicare Sourthern Quensland [2013] FWC 7805 CFMEU (on behalf of Laming) v Northern Sydney Area Health Service [2004] NSWIRComm 251 CJ Davies v David Jones Limited [2003] AIRC 119 Ferry and Broken Hill Town Employees Union [2005] NSWIRComm 358 Giannone and the Australian Workers' Union, Greater New South Wales Branch [2003] NSWIRComm 418 Jan Biviano and others and Sydney South West Area Health Service [2006] NSWIRComm 1176 Kelleher and Wagga Wagga Base Hospital [2004] NSWIRComm 187 Maher v Department of Corrective Services of NSW [2006] NSWIRComm 110 McIntosh-Hanratty and Macleay Kalipso Inc [2006] NSWIRComm 1076 Ngo v Link Printing Pty Ltd (1999) 94 IR 375 NSW Health Services Northern Sydney Local Health District v Hargreaves [2012] NSWIRComm 123 O'Meara v Stanley Works Pty Ltd - PR973462 [2006] AIRCFB 496 Smith v Director-General of School Education [1993] NSWIRComm State of New South Wales v Paige [2002] NSWCA 235; (2002) 60 NSWLR 371 Ward v Mobile Innovations [2002] NSWIRComm 287 York v DET [2011] NSWIRComm 1054 Category: Principal judgment Parties: Secretary, NSW Ministry of Health (respondent) Ms I Hanna (applicant) Representation: Mr D Gardner, Maddocks Lawyers (respondent) Ms I Hanna (applicant) File Number(s): 2016/58341 (formerly IRC 120 of 2015)