Charles v Northern New South Wales Local Health District [2016] NSWIRComm 8

Industrial Relations Commission New South Wales Medium Neutral Citation: Charles v Northern New South Wales Local Health District [2016] NSWIRComm 8 Hearing dates: 27 May 2016 Date of orders: 28 July 2016 Decision date: 28 July 2016 Jurisdiction: Industrial Relations Commission Before: Walton J, President; Stanton C; Newall C Decision: The Full Bench makes the following orders: 1. Leave to appeal is granted. 2. The appeal is dismissed. Catchwords: LEAVE TO APPEAL – whether or not dismissal occurred question of jurisdictional fact – questions of jurisdiction to be identified and resolved in decisions – failure to identify whether or not dismissal occurred – error of law – leave to appeal granted APPEAL – proper approach to appeal – primacy to first instance decision making – first instance decision making to be supported – obligations on Commission to act quickly – concise decisions appropriate provided essential issues addressed EMPLOYMENT – casual employment – list of persons who might be offered casual employment not determinative of contract of employment – removal of name from a list of eligible casual employees not a dismissal – s 84 proceedings dismissed Legislation Cited: Civil Procedure Act 2005 Industrial Relations Act 1996 Public Interest Disclosures Act 1994 Workers Compensation Act 1987 Cases Cited: Antonakopoulos v State Bank of NSW (1999) 91 IR 385 Bonette v Woolworths Ltd (1937) 37 SR (NSW) 142 Charles v Northern New south Wales Local Health District [2016] NSWIRComm 1004 Hamod v State of New South Wales & Anor [2011] NSWCA 375 Hosemans v Commissioner of Police (No 4) [2005] NSWIRComm 409; (2005) 150 IR 263 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Master Education Services Pty Ltd v Ferfolia [2009] NSWIRComm 132 Port Macquarie Golf Club Limited v Stead (1996) 64 IR 53 Westfield Holdings v Adams [2001] NSWIRComm 293; (2001) 114 IR 241 Category: Principal judgment Parties: Alex Mervyn Charles (Applicant) Northern New south Wales Local Health District (Respondent) Representation: Counsel: