Beadman v NSW State Emergency Service [2020] NSWIRComm 1043

Beadman v NSW State Emergency Service [2020] NSWIRComm 1043

Having considered the nature and circumstances of the applicant's employment, including the complexity and challenging nature of the Coordinator Media and Public Relations role, the Commission found that a six month probation period was reasonable. Because the applicant was serving a probation period whose maximum...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 June 2020
Procedural Posture
Application for Relief in Relation to Unfair Dismissal / Respondent's Jurisdictional Challenge Heard as a Threshold Issue in Advance of Any Conciliation
Outcome
Application dismissed for want of jurisdiction
Legal Topics
['unfair Dismissal' 'probation Period' 'jurisdiction' 'government Sector Employment']
['industrial Relations' 'employment Law' 'public Sector Employment'] ['unfair Dismissal' 'probation Period' 'jurisdiction' 'government Sector Employment']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Application for Relief in Relation to Unfair Dismissal / Respondent's Jurisdictional Challenge Heard as a Threshold Issue in Advance of Any Conciliation

Legal Issues

  1. 1 ["Whether the applicant's unfair dismissal application was excluded by the combined operation of subsection 83(2)(b) of the Industrial Relations Act 1996 and subclause 6(1)(c)(ii) of the Industrial Relations (General) Regulation 2015." "Whether a six month probationary period was reasonable having regard to the nature and circumstances of the applicant's employment."]

Ratio Decidendi

Having considered the nature and circumstances of the applicant's employment, including the complexity and challenging nature of the Coordinator Media and Public Relations role, the Commission found that a six month probation period was reasonable. Because the applicant was serving a probation period whose maximum duration was determined in advance and was reasonable, subsection 83(2)(b) of the Industrial Relations Act 1996 and subclause 6(1)(c)(ii) of the Industrial Relations (General) Regulation 2015 excluded the application from the Commission's unfair dismissal jurisdiction.

Court Disposition

Application dismissed for want of jurisdiction

Orders

  • ['The unfair dismissal application filed by the applicant on 2 April 2020 is dismissed for want of jurisdiction.']