Grant Johnson and Department of Industry (On Behalf of the Secretary of Department of Industry) [2017] NSWIRComm 1067

Industrial Relations Commission New South Wales Medium Neutral Citation: Grant Johnson and Department of Industry (On Behalf of the Secretary of Department of Industry) [2017] NSWIRComm 1067 Hearing dates: 19, 20, 21 September and 9 October 2017 Date of orders: 27 October 2017 Decision date: 27 October 2017 Jurisdiction: Industrial Relations Commission Before: Commissioner Seymour Decision: Application pursuant to s.84 upheld. Compensation ordered Catchwords: Unfair dismissal - termination of temporary employment – reason for termination - termination procedurally unfair Remedy - reinstatement or re-employment not sought - compensation ordered - factors considered in award of compensation Legislation Cited: Government Sector Employment Act 2013 ss 47, 68 Government Sector Employment (General) Rules 2014 rr 14, 35, 36 Industrial Relations Act 1996 ss 84, 88, 89 Cases Cited: Bankstown City Council v Paris (1999) 93 IR 209 Buchanan v Secretary, NSW Department of Education [2016] NSWIRComm 1045 Director-General of Education v Suttling (1987) 162 CLR 427 Krix v Director-General, Department of Education and Communities [2014] NSWIRComm 100 McGinn v Secretary, Family and Community Services [2017] NSW IRComm 1039 Category: Principal judgment Parties: Grant Johnson (Applicant) Department of Industry (On Behalf of the Secretary of Department of Industry) (Respondent) Representation: Solicitors: Gorval Lynch - Applicant Thomson Geer - Respondent File Number(s): 2017/178885