Sophia McGinn and Department of Family v Community Services [2017] NSWIRComm 1066

Industrial Relations Commission New South Wales Medium Neutral Citation: Sophia McGinn and Department of Family v Community Services [2017] NSWIRComm 1066 Hearing dates: 22 September 2017 Date of orders: 22 September 2017 Decision date: 22 September 2017 Jurisdiction: Industrial Relations Commission Before: Kite SC Chief Commissioner; Murphy C; Seymour C Decision: Leave to appeal refused Catchwords: Unfair dismissal – first instance decision to dismiss application – tests for leave to appeal – no matter of principle – no matter beyond interests of parties – decision open to Commissioner at first instance – leave not required in public interest – leave to appeal refused Legislation Cited: Industrial Relations Act 1996 (NSW) ss 84, 156, 173 Industrial Relations Commission Rules 2009 (NSW) rr 2, 8 Government Sector Employment Act 2013 (NSW) ss 43, 47(1)(f) Government Sector Employment (General) Rules (NSW) 2014 cl 14 Cases Cited: Andrew Geza Schwartz and NSW Ministry of Health [2017] NSWIRComm 1034 Commissioner of Police v Morris [2017] NSWIRComm 1010 Construction, Forestry, Mining and Energy Union (New South Wales Branch) v Acciona Infrastructure Australia Pty Ltd and Ferrovial Agroman (Australia) Pty Ltd t/as Acciona Ferrovial Joint Venture [2017] NSWIRComm 1029 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Fire Brigades Employees' Union of NSW (o/b Challinor) v Fire and Rescue NSW [2016] NSWIRComm 1050 Green v The Queen (2011)244 CLR 462; [2011] HCA 49 Industrial Relations Secretary v Wattie [2017] NSWIRComm 2007 Laws v Australian Broadcasting Tribunal (1990) 170 CLR 70; [1990] HCA 31 Merrin v Mosman Municipal Council [2016] NSWIRComm 1048 Michael Wilson & Partners V Nicholls (2011) 244 CLR 427; [2011] HCA 48 Minister Administering the Crown Lands Act v NSW Aboriginal Land Council (2008) 237 CLR 285; [2008] HCA 48 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Re McBain: Ex parte Australian Catholic Bishops Conference (2002) 209 CLR 372; [2002] HCA16 Sophia McGinn v Secretary, Family and Community Services [2017] NSWIRComm 1039 Stegbar v Transport Workers' Union (2008) 173 IR 350 Category: Principal judgment Parties: Sophia McGinn – Appellant Department of Family and Community Services - Respondent Representation: S McGinn (Appellant in person) Y Shariff (Counsel for Respondent)