Roy v Commissioner Rural Fire Service [2023] NSWIRComm 1068

Roy v Commissioner Rural Fire Service [2023] NSWIRComm 1068

The respondent did not satisfy the onus that the complaints made by the applicant were not a substantial and operative cause of her dismissal; therefore, the application was upheld and compensation awarded.

Parties
Applicant: Katherine Roy; Respondent: Commissioner Rural Fire Service
Jurisdiction
Australia
Judgment Date
29 June 2023
Procedural Posture
Victimisation Application / Principal Judgment
Outcome
Application upheld
Legal Topics
Victimisation, Dismissal, Relief Orders, Workplace Complaints
Employment and Industrial Law Victimisation Dismissal Relief Orders Workplace Complaints

Case Brief

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Parties

Katherine Roy

Applicant

Commissioner Rural Fire Service

Respondent

Procedural Posture

Victimisation Application / Principal Judgment

Legal Issues

  1. 1 Whether applicant was dismissed or subjected to detriment on account of making workplace complaints
  2. 2 Whether the respondent satisfied the onus that complaints were not the substantive and operative reason for dismissal
  3. 3 Appropriate relief available and within Commission's powers

Ratio Decidendi

The respondent did not satisfy the onus that the complaints made by the applicant were not a substantial and operative cause of her dismissal; therefore, the application was upheld and compensation awarded.

Court Disposition

Application upheld

Orders

  • Respondent to pay applicant $30,916.20 for lost income
  • Respondent to pay applicant $3,246.20 as superannuation