Moore v North Sydney Council [2018] NSWIRComm 1062

Industrial Relations Commission New South Wales Medium Neutral Citation: Moore v North Sydney Council [2018] NSWIRComm 1062 Hearing dates: 17 August 2018 and 21 September 2018 Date of orders: 18 October 2018 Decision date: 18 October 2018 Jurisdiction: Industrial Relations Commission Before: Constant C Decision: The Commission lacks jurisdiction in this matter. Section 84 application dismissed. Catchwords: EMPLOYMENT LAW - Unfair dismissal – alleged constructive dismissal – correct test – no ultimatum by respondent - applicant's decision to prioritise secondary employment hours was real and effective initiator of termination of employment – Commission lacks jurisdiction - application dismissed Legislation Cited: Fair Work Act 2009 (Cth) Industrial Relations Act 1996 Cases Cited: Allison v Bega Valley Council (1995) 63 IR 68 Bril v Rex Australia Ltd [2015] FWC 884 Bromley-Hoult v Belgravia Health & Leisure Group Pty Ltd T/A Ascot Vale Leisure Centre [2018] FWC 4979 Kelleher and Wagga Wagga Base Hospital [2004] NSWIRComm 187 Parker v Secretary Department of Education and Communities [2015] NSWIRComm 1020 Smith v Director General of Education (1993) 51 IR 204 Category: Principal judgment Parties: Isobel Natalie Ruth Moore (applicant) North Sydney Council (respondent) Representation: Solicitors: Berrigan Doube Lawyers (applicant) Bartier Perry (respondent) File Number(s): 2018/00107198