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.
Police Officer Wins Appeal to Include Psychiatric Condition in Incapacity Certificate
A police officer successfully appealed to include a psychiatric condition in his incapacity certificate, affecting his superannuation benefits. The Industrial Relations Commission recognised the officer's incapacity due to a psychiatric disorder.
Injured worker reinstated to part-time role with medical restrictions
Commission Denies Skills Retention Allowance Claim
Employer Fined for Fatal Workplace Accident
An employer was fined $162,500 for failing to ensure the health and safety of its employees, resulting in two fatal accidents. The court emphasised the importance of workplace safety and the need for general and specific deterrence.
Continuity of Employment for Apprentices - NSWIRComm Decision
Employer Held Liable for Worker's Severe Injuries Due to Unsafe Workplace
Unfair Dismissal for Rostering Practices Ruled Unjust
Workers Fired for Safety Breaches in Hazardous Environment
Tribunal Rejects Contract Carriers' Claims for Compensation
a person who had their contracts terminated due to a loss of major client sought compensation from the a person but were unsuccessful. The Tribunal found that the termination was fair and reasonable under the circumstances.
Award Variation Successful: Wage and Allowance Increases for Transport Workers
Unfair Dismissal Application Accepted Out of Time Due to Legal Error
Employer Found Guilty of Breach Under Occupational Health and Safety Act
The Industrial Relations Commission found an employer guilty of breaching the Occupational Health and Safety Act 2000. The employer failed to ensure the safety of its workers during pole top maintenance, resulting in an employee receiving an electric shock and becoming a paraplegic.
Employer Held Liable for Self-Employed Contractor’s Safety
An employer was found responsible for ensuring the safety of a self-employed contractor working on their premises. The court emphasised the importance of implementing proper safety measures to prevent workplace accidents.
Claimant Successfully Exempted from Employment Ban Under Child Protection Act
Costs Awarded to Successful Party Despite Claimant's Financial Difficulties
Commission Upholds Redundancy Payments Order for Former Employees
Employer Penalised for Gas Leak Incident at Steelworks
An employer was fined $115,500 for failing to ensure the safety of its employees during a gas leak incident at a steelworks. The court highlighted the need for adequate safety measures and protocols to protect workers from hazardous conditions.
Unfair Dismissal Claim Dismissed Due to Employee's Email During Leave
A former employee was fired after sending an email during his annual leave that was deemed unnecessary and disrespectful to his boss. The Industrial Relations Commission ruled that the termination was fair and reasonable.
Employment Victimisation Claim Dismissed Due to Jurisdictional Issues
A senior program officer claimed her employer was victimising her. However, the Industrial Relations Commission dismissed her application because the claims were outside the scope of the Industrial Relations Act 1996.
Effective Workplace Safety Systems Required to Prevent Accidents
The Industrial Relations Commission ruled that an employer's safety system must be effectively implemented to prevent workplace accidents. The Court emphasised the importance of practical adherence to safety protocols over theoretical compliance alone.