Karolyn Hunter and Corrective Services NSW [2012] NSWIRComm 1020

Karolyn Hunter and Corrective Services NSW [2012] NSWIRComm 1020

At the date the recruitment decision was made, the Appellant had returned to her substantive Senior Correctional Education Officer position and was receiving $96,904 per annum. Because the maximum salary applicable to the vacant office was not greater than the salary paid to the Appellant at that date, section 95(e) excluded her right of appeal under section 94 and the Commission lacked jurisdiction.

Jurisdiction
Australia
Judgment Date
28 August 2012
Procedural Posture
Appeal Against Decision to Appoint or Recommend the Appointment of Another Applicant to a Vacant Public Sector Position / Threshold Jurisdictional Issue
Outcome
Appeal dismissed for want of jurisdiction
Legal Topics
['promotions Appeal' 'jurisdiction' 'excluded Circumstances' 'salary Threshold for Appeal Rights']
['industrial Relations' 'public Sector Employment'] ['promotions Appeal' 'jurisdiction' 'excluded Circumstances' 'salary Threshold for Appeal Rights']

Case Brief

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Procedural Posture

Appeal Against Decision to Appoint or Recommend the Appointment of Another Applicant to a Vacant Public Sector Position / Threshold Jurisdictional Issue

Legal Issues

  1. 1 ["Whether the Commission had jurisdiction to hear the Appellant's appeal against the appointment or recommended appointment of another applicant to the vacant position." "Whether section 95(e) of the Industrial Relations Act 1996 excluded the Appellant's right of appeal because the maximum salary applicable to the vacant office was not greater than the salary paid to the Appellant at the date of the employer's decision."]

Ratio Decidendi

At the date the recruitment decision was made, the Appellant had returned to her substantive Senior Correctional Education Officer position and was receiving $96,904 per annum. Because the maximum salary applicable to the vacant office was not greater than the salary paid to the Appellant at that date, section 95(e) excluded her right of appeal under section 94 and the Commission lacked jurisdiction.

Court Disposition

Appeal dismissed for want of jurisdiction

Orders

  • ['The appeal by Ms Karolyn Hunter against the decision to appoint or recommend the appointment of Ms Tanya Bennett to the position of Senior Correctional Education Officer, South Coast Correctional Centre, Nowra, is dismissed for want of jurisdiction.']