New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union v Shellharbour City Council [2021] NSWIRComm 1097

New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union v Shellharbour City Council [2021] NSWIRComm 1097

The documents sought in Items (3) to (5) are apparently relevant to the issues in dispute, have a legitimate forensic purpose, and are not to be set aside. They may assist in demonstrating workplace victimisation and are relevant for cross-examination and credit of witnesses.

Parties
Applicant on the Notice of Motion: Shellharbour City Council; Respondent on the Notice of Motion: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union
Jurisdiction
Australia
Judgment Date
13 December 2021
Procedural Posture
Interlocutory Application / Application to Set Aside Summons to Produce
Outcome
Notice of Motion dismissed
Legal Topics
Industrial Relations Commission, Motion to Set Aside Summons to Produce
Employment and Industrial Law Industrial Relations Commission Motion to Set Aside Summons to Produce

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Parties

Shellharbour City Council

Applicant on the Notice of Motion

New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union

Respondent on the Notice of Motion

Procedural Posture

Interlocutory Application / Application to Set Aside Summons to Produce

Legal Issues

  1. 1 Whether Items (3) to (5) of the summons to produce documents should be set aside on the grounds of relevance and legitimate forensic purpose

Ratio Decidendi

The documents sought in Items (3) to (5) are apparently relevant to the issues in dispute, have a legitimate forensic purpose, and are not to be set aside. They may assist in demonstrating workplace victimisation and are relevant for cross-examination and credit of witnesses.

Court Disposition

Notice of Motion dismissed

Orders

  • No dispute as to production under Items (1) and (2)
  • Respondent Council to comply with Items (3) to (5) of the summons