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 Extension of Time for Appeal Due to Procedural Issues
A worker was given more time to appeal after missing a hearing due to illness. The court recognised that both parties were not present at the original hearing and granted an extension based on fairness principles.
Unfair Dismissal Claim Settled in NSWIRComm
An employee successfully claimed unfair dismissal and received compensation for outstanding superannuation contributions from the Industrial Relations Commission of NSW, even though the company was in receivership.
Self-employed electrician fined for safety breaches
Commission adopts National wage increase in State Awards
Unfair Contract Claim Dismissed: Industrial Relations Commission Rules Against Employee
New Club Managers' Award Granted Reflecting Negotiated Changes
Employer Fined for Unsafe Machine Stacking Procedure Leading to Fatal Accident
An employer was fined after a subcontractor's employee died while working on a machine-stacking project. The employer failed to ensure that the operating procedure for the machine stacking of fibercrib blocks was safe and without risk to the health and safety of the employees.
Employer Held Liable for Negligence Leading to Fatal Explosion
Commission rules lead bonus excluded from clause 19.16 of the Award
Unfair Dismissal Case: Constructive Dismissal Due to Lack of Consultation
The Industrial Relations Commission ruled that the worker's employment was unfairly terminated because the employer failed to consult properly and acted improperly. The worker received compensation as a result.
Employer Fined for Defective Equipment Causing Injury
Employer Fined for Unsafe Working Conditions
An employer was fined for failing to ensure the safety of employees working on unsecured metal plates covering lubricant pits. The Industrial Relations Commission of New South Wales found the employer liable under the Occupational Health and Safety Act 1983 and imposed a fine of $135,000.
Injunction to Prevent Receiver Appointment Refused
Unfair Dismissal Claim Dismissed Due to Governing Award
Employer Held Liable for Child's Safety Breach at Mine
Contract declared unfair and varied to include exit fee
Employer Held Liable for Student's Severe Injuries Caused by Unguarded Classroom Machinery
An employer was found liable for a student's severe injuries caused by unguarded machinery in a classroom. The court ruled that the employer failed to ensure proper machine guarding and adequate supervision, leading to the student's injuries.
Unfair Dismissal Case: Procedural Fairness Required
Commission Has Jurisdiction Over Union Dues Deduction
In this case, the Industrial Relations Commission of New South Wales decided that it has the power to require employers to deduct union membership fees from employees' pay. This decision was based on the interpretation of the Industrial Relations Act 1996, which specifies that such actions fall under the category of 'industrial matters'.