Ashton v New South Wales

Industrial Relations Commission of NSW, 29 May 2025
[2025] NSWIRComm 1028, (2025) 339 IR 389

• Industrial Relations Commission (NSW) — Jurisdiction — Application for relief from victimisation by staffer whose employment was terminated — Whether Commission has jurisdiction to determine application pursuant to s 213 of Industrial Relations Act 1996 (NSW) — Whether s 26(2) of Members of Parliament Staff Act 2013 (NSW) excludes operation of ss 210 and 213 of Industrial Relations Act 1996 (NSW) — Whether Commission can make order pursuant to s 213 of Industrial Relations Act 1996 (NSW) — Commission possesses such jurisdiction — Referred question answered affirmatively — Industrial Relations Act 1996 (NSW), ss 193, 210, 213, 404 — Members of Parliament Staff Act 2013 (NSW), ss 3, 4, 5, 8, 14, 16, 17, 20, 20A, 26

Simon v Industrial Relations Secretary

Industrial Relations Commission of NSW, 29 May 2025
[2025] NSWIRComm 1027, (2025) 339 IR 376

• Termination of Employment — Unfair dismissal — Probation — Where probation period stated to be six months with possible extension to maximum total duration of 12 months — Where public servant dismissed within extended probation period — Whether probation period determined in advance — Whether 6-month probation period and 12-month maximum duration of probation reasonable — Where r 5 of Government Sector Employment (General) Rules 2014 (NSW) permitted 12-month probation period — Consideration of nature and circumstances of employee’s position and nature of public sector employment — Probation period determined in advance and reasonable — Industrial Relations Act 1996 (NSW), s 83 — Industrial Relations (General) Regulation 2020 (NSW), cl 6 — Government Sector Employment Act 2013 (NSW), ss 12, 47, 54 — Government Sector Employment (General) Rules 2014 (NSW), r 5

Visscher v Safework NSW

Supreme Court of New South Wales, 19 May 2025
[2025] NSWSC 489, (2025) 339 IR 450

• Industrial Relations Commission (NSW) — Jurisdiction — Application for external review of decision to issue prohibition notice under s 195(2) of Work Health and Safety Act 2011 (NSW) — Nature and extent of Commission’s authority to decide — Where Commissioner at first instance alleged to have made several errors of law in disposing of application for external review — Where alleged errors of law include Commissioner’s interpretation of relevant statute and findings on SafeWork NSW Inspector’s reasonable belief as to health and safety risks — Whether Commissioner authorised to interpret statute and make factual findings incorrectly — Whether any error of law made by Commissioner jurisdictional error — Commission not mere administrative tribunal — Commissioner authorised so to err — Industrial Relations Act 1996 (NSW), ss 146(1)(e), 162, 163, 175, 179(1), 187, 188 — Work Health and Safety Act 2011 (NSW), ss 195, 229