Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124 Hearing dates: 28 February 2018 Date of orders: 08 June 2018 Decision date: 08 June 2018 Before: McColl JA at [1]; Macfarlan JA at [189]; Emmett AJA at [190] Decision: (1) Grant leave to appeal; (2) Direct that the notice of appeal filed on 20 December 2017 be treated as validly filed on that date; (3) Allow the appeal; (4) Set aside the judgment and orders (2) to (5) of the Court below made on 30 November 2017; (5) In lieu thereof, dismiss the amended summons with costs; (6) Respondent to pay the appellant's costs of the proceedings in this Court. Catchwords: ADMINISTRATIVE LAW – judicial review – jurisdictional error – unfair dismissal claim – review of orders of Industrial Relations Commission – order reinstating correctional officer to employment in correctional centres – whether Commissioner failed to take mandatory relevant considerations into account – whether primary judge erred in finding Commissioner's decision vitiated by jurisdictional error

ADMINISTRATIVE LAW – judicial review – jurisdictional error – unfair dismissal claim – Commissioner's reasons – role of court on judicial review – whether Commissioner's reasons demonstrated mandatory relevant considerations taken into account ADMINISTRATIVE LAW – judicial review – jurisdictional error – unfair dismissal claim – whether employer's mandatory relevant considerations case advanced before Industrial Relations Commissioner