Jones v Health Secretary in respect of the Far West Local Health District [2020] NSWIRComm 1035

Industrial Relations Commission New South Wales Medium Neutral Citation: Jones v Health Secretary in respect of the Far West Local Health District [2020] NSWIRComm 1035 Hearing dates: Determined on the papers Date of orders: 07 May 2020 Decision date: 07 May 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The appeal is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Public sector – Disciplinary action – motion for summary dismissal of appeal against disciplinary action – whether appellant excluded from Ch 2 Pt 7 of Industrial Relations Act 1996 (NSW) by virtue of memoranda of understanding between unions and the Department in place as at 1 July 2010 – s 92(1)(b) – whether appeal discloses an appealable decision – ss 91(1), 97(1) and 98 – whether respondent estopped or otherwise prevented from bringing jurisdictional challenge Legislation Cited: Government and Related Employees Appeals Tribunal Act 1980 (NSW) Government Sector Employment Act 2013 (NSW) s 69(4)(c) Health Services Act 1997 (NSW) s 116A Industrial Relations Act 1996 (NSW) Ch 2 Pt 7 ss 91, 92, 97, 98, 100G, s 130 Industrial Relations Amendment (Public Sector Appeals) Act 2010 (NSW) Teaching Service Act 1980 (NSW) s 93B(1)(d) Transport Administration (Staff) Regulation 2013 (NSW) cl 20(1)(b) Cases Cited: Blair v Curran (1939) 62 CLR 464 Byrne v Australian National Airlines Ltd (1995) 185 CLR 410 Francois v Industrial Relations Secretary (Department of Corrective Services) [2019] NSWIRComm 1058 Rogan v Director-General of Technical and Further Education (1987) 10 NSWLR 348 West v Director-General, NSW Ministry of Health in respect of Western Sydney Local Health District [2014] NSWIRComm 1001 Category: Principal judgment Parties: Christopher Philip Jones (Appellant)