Wilson v Industrial Relations Secretary (Department of Justice, Corrective Services) [2020] NSWIRComm 1003

Industrial Relations Commission New South Wales Medium Neutral Citation: Wilson v Industrial Relations Secretary (Department of Justice, Corrective Services) [2020] NSWIRComm 1003 Hearing dates: 27 June 2019 Date of orders: 22 January 2020 Decision date: 22 January 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Constant Decision: The application by the respondent to have the disciplinary appeal struck out is dismissed. Catchwords: PUBLIC SECTOR DISCIPLINARY APPEAL – jurisdiction - probation period – whether under the Government Sector Employment Act 2013 and the Government Sector Employment (General) Rules 2014 formal confirmation is required to conclude probation period Legislation Cited: Government Sector Employment Act 2013 (NSW), ss 48, 54, 69 Government Sector Employment (General) Rules 2014 (NSW) cll 5, 38 Industrial Relations Act 1996 (NSW), ss 97, 98 Police Regulation 2000 (NSW) Police Regulation 2008 (NSW) cll 14, 15 Public Sector Employment and Management Act 2002 (NSW) Public Sector Management Act 1988 (NSW) Public Service Act 1895 (NSW) Public Service Act 1902 (NSW) Public Service Act 1979 (NSW Teaching Service Act 1980 (NSW) s 48 Cases Cited: Beck v Darling Downs Institute of Advanced Education (1990) 140 IR 364 Commissioner of Police v Eaton [2013] HCA 2 Director-General of Education v Suttling [1986] 162 CLR 427 Director General of the Department of Corrective Services v Mitchelson (1992) 26 NSWLR 648 Mao v Secretary, NSW Department of Education [2016] NSWIRComm 1046 Parfrey v Commissioner of Police [2010] NSWIRComm 19 Ex parte Wurth; Re Tully & Craig (1955) 55 SR (NSW) 47 Texts Cited: Macquarie Dictionary Online Category: Procedural and other rulings Parties: Brock Wilson (appellant) Industrial Relations Secretary on behalf of the Department of Justice, Corrective Services (respondent) Representation: Counsel: G Diggins (respondent)