Jose v Secretary, NSW Ministry of Health (Murrumbidgee Local Health District) [2019] NSWIRComm 1031

Industrial Relations Commission New South Wales Medium Neutral Citation: Jose v Secretary, NSW Ministry of Health (Murrumbidgee Local Health District) [2019] NSWIRComm 1031 Hearing dates: 16 May 2019 Date of orders: 28 May 2019 Decision date: 28 May 2019 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: Order and direct as follows: (1) Neither the Health Secretary nor the Murrumbidgee Local Health District are to dismiss Jomon Kadavil Jose for the reasons set out in the letters to him from Fiona Renshaw dated 21 February 2019 and from Jill Ludford dated 27 March 2019 before 5.00 pm on Wednesday 28 August 2019. (2) The parties are directed to confer forthwith as to a suitable date for a conciliation conference to take place. (3) Liberty to apply on three days' notice. Catchwords: UNFAIR DISMISSAL – threatened dismissal – interlocutory order restraining dismissal – sufficient likelihood of success – balance of convenience Legislation Cited: Industrial Relations Act 1996 Cases Cited: Australian Salaried Medical Officers' Federation (New South Wales) (on behalf of Dhayanithi Sivathondan and South Western Sydney Area Health Service [2002] NSWIRComm 98

Public Service Association and Professional Officers Association Amalgamated Union of New South Wales on behalf of Pearcey, Barnett and Woelfl v Department of Attorney General and Justice - Corrective Services NSW [2012] NSWIRComm 33 Category: Procedural and other rulings Parties: Jomon Kadavil Jose (Applicant)

Secretary, NSW Ministry of Health (Murrumbidgee Local Health District) (Respondent) Representation: Mr B Edghill, Health Services Union NSW (Applicant)