D’Souza v Secretary of the Department of Transport [2020] NSWIRComm 1008

Industrial Relations Commission New South Wales Medium Neutral Citation: D'Souza v Secretary of the Department of Transport [2020] NSWIRComm 1008 Hearing dates: 13 February 2020 Date of orders: 18 February 2020 Decision date: 18 February 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Application is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Unfair Dismissal – whether dismissal was for genuine redundancy – whether dismissal affected by age discrimination Legislation Cited: Industrial Relations Act 1996 (NSW) s 84 Transport Administration Act 1988 (NSW) s 68C(3) Cases Cited: Corrective Services NSW v Danwer [2013] NSWIRComm 61 Hamod v State of New South Wales & Anor [2011] NSWCA 375 Huseyin Arslan and others and Berkely Challenge (Commercial) Pty Limited and Others [2001] NSWIRComm 45 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Williams v City of Sydney [2019] NSWIRComm 1090 Category: Principal judgment Parties: Joseph Ignatius D'Souza (Applicant)

Secretary of the Department of Transport (Respondent) Representation: Applicant (self-represented)

Transport for NSW Legal Branch (Respondent) File Number(s): 2019/333413 Publication restriction: Nil

Judgment 1. Joseph D'Souza, the applicant, was employed with Transport for NSW ("TfNSW") from 25 October 2013. On 27 September 2019 his employment was terminated after a restructure in the organisation resulted in his role becoming redundant. 2. On 18 October 2019 Mr D'Souza filed an application for relief in relation to unfair dismissal ("Application"), in accordance with s 84 of the Industrial Relations Act 1996 (NSW) ("Act"). In summary, Mr D'Souza alleged that he had been compelled into accepting voluntary redundancy under threat that he would otherwise be forced into medical retirement, and that the dismissal was in any event affected by age discrimination. Mr D'Souza seeks reinstatement. 3. The hearing took place on 13 February 2020. Mr D'Souza was self-represented. Mr J Zeng of the TfNSW Legal Branch appeared for the respondent.