Richie Robles v Health Secretary in respect of Western Sydney Local Health District [2019] NSWIRComm 1028

Industrial Relations Commission New South Wales Medium Neutral Citation: Richie Robles v Health Secretary in respect of Western Sydney Local Health District [2019] NSWIRComm 1028 Hearing dates: 2 April 2019 Date of orders: 26 April 2019 Decision date: 26 April 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: 1. The application made by Richie Robles pursuant to s 84 of the Industrial Relations Act 1996 (NSW) is accepted.

2. The name of the respondent to these proceedings be amended to: "Health Secretary in respect of Western Sydney Local Health District".

3. Pursuant to s 164A of the Industrial Relations Act 1996 (NSW):

(1) There must be no publication of the name, address, picture or any other material that identifies or may lead to the identification of any patient of the respondent, and in particular the patient of the respondent at Bungarribee House who attempted self-harm during the night of 5 and 6 December 2017.

(2) To the extent that it is necessary to refer to that patient in these proceedings, the patient is to be referred to by the pseudonym "Patient X".

(3) The parties may redact in documentary evidence, and do such other things as reasonably necessary, to prevent the disclosure of the identity of Patient X.

4. The matter is listed for directions at 9.30am on 10 May 2019. Catchwords: UNFAIR DISMISSAL – jurisdictional objections – whether applicant resigned or was dismissed – evidence inconsistent with intention to resign – employee found to have been dismissed – whether application made out of time – 17 days out of time – matters to be considered in exercise of discretion – employer contribution to delay – sufficient reason to exercise discretion to accept application out of time