Industrial Relations Commission (NSW) case law
Judgments from the Industrial Relations Commission (NSW) with a plain-English summary, the legal holding and frequently asked questions. The original content is public and official; the summaries and analysis are produced by VadeLab's technology.
Commission Grants New Awards, Refuses Variations
Removal from Casual List Not Deemed Dismissal in NSWIRComm Ruling
Commissioner Rejects Employee's Request for Extended Time to File Unfair Dismissal Claim
An employee asked for extra time to file an unfair dismissal claim, but the Commissioner said no because the employee couldn't show enough reason for the delay.
Successful completion of Flyover Project under enterprise agreement
Recent Amendments Limit Appeals in NSW Industrial Relations Commission
The NSW Industrial Relations Commission decided that recent changes to the Industrial Relations Act 1996 affect how appeals are handled. These changes mean that some appeals can no longer be heard by the Commission and must be sent to the Supreme Court.
Questions of Law Referred to Full Bench in Employment Case
Employer Fined for Workplace Accident Risks
Taxi Fare Increase Justifies Pay-In Variation for Operators
The Industrial Relations Commission adjusted the pay-in rates for taxi operators based on a report showing an increase in taxi fares. The adjustment ensures operators receive a fair share of the increased revenue.
Employer Fined for Safety Breach at Construction Site
Costs Awarded Against Frivolous Applicant in Unfair Dismissal Case
Unfair Contract Appeal Dismissed: Notice Period Upheld
Appeal Dismissed: Police Officer Removal Upheld
Costs Application Dismissed in Ambulance Officers' Case
Commission Halts Planned Stoppage of Work by Healthcare Workers
The NSW Industrial Relations Commission stopped healthcare workers from going on strike over better wages and working conditions. The Commission recommended that the workers redirect their efforts towards achieving a resolution through negotiation and conciliation.
Unfair Dismissal Case: Excessive Sick Leave Trumps Bullying Claims
In this case, the Industrial Relations Commission ruled that an employee's termination due to excessive sick leave was fair, even though the employee claimed they were being bullied and harassed at work. The commission found that the employee's sick leave record was poor and that there was insufficient evidence to support the claims of bullying and harassment.
Balanced Roster System for Nursing Staff Approved
Rectification of Invalid Elections and Financial Reporting in NSW
The Industrial Relations Commission of NSW ruled on an organisation's invalid elections and financial reporting issues, declaring and rectifying these invalidities to ensure compliance with the relevant Acts.
Demotion Not Unfair Dismissal Under Industrial Relations Act
The Industrial Relations Commission ruled that a demotion that follows the terms of an industrial award does not count as an unfair dismissal under the Industrial Relations Act. This means the claimant could not pursue their case under the unfair dismissal provisions.