Kanta v NSW Police Force [2011] NSWIRComm 1022

Kanta v NSW Police Force [2011] NSWIRComm 1022

The appointment of Ms Rees was published on the website on 16 February 2011, satisfying section 93(1). Section 100B imposed a mandatory 21 day period for lodging a promotion appeal and gave the Commission no discretion to accept an appeal lodged outside that period. Ms Kanta's appeal, even if treated as faxed on 18 March 2011, was out of time, so the Commission lacked jurisdiction.

Jurisdiction
Australia
Judgment Date
13 May 2011
Procedural Posture
Public Servant Promotional Appeal / Jurisdictional Objection to Appeal Filed Outside 21 Day Time Limitation
Outcome
Appeal struck out for lack of jurisdiction.
Legal Topics
['promotion Appeal' 'jurisdiction' 'time for Lodging Appeal' 'publication of Appointment Notice' 'mandatory Time Limitation']
['industrial Relations' 'public Sector Employment' 'administrative Procedure'] ['promotion Appeal' 'jurisdiction' 'time for Lodging Appeal' 'publication of Appointment Notice' 'mandatory Time Limitation']

Case Brief

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Procedural Posture

Public Servant Promotional Appeal / Jurisdictional Objection to Appeal Filed Outside 21 Day Time Limitation

Legal Issues

  1. 1 ['Whether the appeal against the appointment of Ms Kelly Rees was lodged within the 21 day period required by section 100B of the Industrial Relations Act, 1996.' 'Whether the Commission had jurisdiction or discretion to allow a promotion appeal lodged outside the 21 day period.' 'Whether publication of the appointment on the Jobs.NSW website on 16 February 2011 satisfied section 93(1) of the Industrial Relations Act, 1996.']

Ratio Decidendi

The appointment of Ms Rees was published on the website on 16 February 2011, satisfying section 93(1). Section 100B imposed a mandatory 21 day period for lodging a promotion appeal and gave the Commission no discretion to accept an appeal lodged outside that period. Ms Kanta's appeal, even if treated as faxed on 18 March 2011, was out of time, so the Commission lacked jurisdiction.

Court Disposition

Appeal struck out for lack of jurisdiction.

Orders

  • ['The appeal is struck out on the basis of lack of jurisdiction.']