Perry Janssen v Health Secretary (in respect of South Western Sydney Local Health District) [2018] NSWIRComm 1042

Industrial Relations Commission New South Wales Medium Neutral Citation: Perry Janssen v Health Secretary (in respect of South Western Sydney Local Health District) [2018] NSWIRComm 1042 Hearing dates: 21 June 2018 Date of orders: 09 July 2018 Decision date: 09 July 2018 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC Decision: Order and direct as follows: (1) Direct that the named respondent in the proceedings be amended to the Health Secretary (in respect of South Western Sydney Local Health District). (2) Until further order of the Commission, neither the Health Secretary nor South Western Sydney Local Health District are to dismiss Dr Perry Janssen for the reasons set out in the letter dated 22 May 2018 from Mr Minns to Dr Janssen, until the hearing and determination of matter number 182319 of 2018. (3) Direct the parties to confer on the question of the taking of leave by Dr Janssen and the further alternatives identified at [43] of this decision. (4) Liberty to apply on three days notice Catchwords: INDUSTRIAL LAW – New South Wales – unfair dismissal – threatened dismissal – interim order – power to make interim order restraining dismissal – proper respondent – scope of order – whether applicant should be required to take leave Legislation Cited: Industrial Relations Act 1996 (NSW) Health Services Act 1997 (NSW) s 116H Cases Cited: ASMOF (NSW) (on behalf of Dr Wojtulewicz) v Director General of NSW Health Service (Children's Hospital at Westmead) [2008] NSWIRComm 229 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Australian Salaried Medical Officers' Federation (NSW) on behalf of Dhayanithi Sivathondan and South Western Sydney Area Health Service [2002] NSWIRComm 98 Australian Salaried Medical Officers' Federation (NSW) on behalf of Professor Bruce Hall and South Western Sydney Area Health Service [2003] NSWIRComm 8 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Hill v Department of Education (NSW) (1998) 85 IR 201 Lane v Commonwealth Bank of Australia (Matter No. IRC 99/2721, Sams DP, 9 August 1999) National Union of Workers on behalf of Mr Arvin Tubungbanua and Express Data Pty Limited [2005] NSWIRComm 57 Public Service Association and Professional Officers Association Amalgamated Union of NSW on behalf of Pearcey, Barnett and Woelfl v Department of Attorney General and Justice - Corrective Services NSW [2012] NSWIRComm 33 Sydney Water Corporation v Australian Services Union (NSW and ACT Branch) (2005) 146 IR 388 Western Sydney Area Health Service v Australian Salaried Medical Officers' Federation (NSW) (2004) 138 IR 203 Category: Procedural and other rulings Parties: Perry Janssen (Applicant) Industrial Relations Secretary Representation: Counsel: M Gibian (Applicant) A Britt (Respondent) Solicitors: McNally Jones Staff Lawyers (Applicant) Lander &Rogers (Respondent) File Number(s): 2018/182319