Killen v SafeWork NSW and NSW Rural Fire Service (No 2) [2021] NSWIRComm 1011

Killen v SafeWork NSW and NSW Rural Fire Service (No 2) [2021] NSWIRComm 1011

Given the opinions expressed in conciliation and the application made by the applicant, the presiding commissioner considers it appropriate to recuse himself from further hearing the matter, in accordance with the general principles relating to apprehended bias.

Jurisdiction
Australia
Judgment Date
09 February 2021
Procedural Posture
Industrial Dispute / Recusal Ruling
Outcome
Recusal granted
Legal Topics
['conciliation' 'arbitration Powers' 'recusal' 'apprehended Bias']
['industrial Law'] ['conciliation' 'arbitration Powers' 'recusal' 'apprehended Bias']

Case Brief

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Procedural Posture

Industrial Dispute / Recusal Ruling

Legal Issues

  1. 1 ['Whether s 173 of the Industrial Relations Act applies to conciliation and arbitration powers' 'Whether recusal is required for apprehended bias']

Ratio Decidendi

Given the opinions expressed in conciliation and the application made by the applicant, the presiding commissioner considers it appropriate to recuse himself from further hearing the matter, in accordance with the general principles relating to apprehended bias.

Court Disposition

Recusal granted

Orders

  • ['Chief Commissioner Kite SC recused himself from further hearing the matter.']