Smith and Corrective Services [2012] NSWIRComm 30

Smith and Corrective Services [2012] NSWIRComm 30

The 12 month probationary period was reasonable having regard to the nature and circumstances of Ms Smith’s employment, determined in advance, and the application is precluded under s 98(3) of the Industrial Relations Act 1996 and cl 6(1)(c)(ii) of the Regulations; the Commission lacks jurisdiction.

Jurisdiction
Australia
Judgment Date
17 April 2012
Procedural Posture
Unfair Dismissal Application / Ruling on Jurisdictional Notice of Motion
Outcome
Application dismissed for want of jurisdiction
Legal Topics
['unfair Dismissal' 'probationary Employment' 'jurisdictional Preclusion']
['industrial Law' 'employment Law'] ['unfair Dismissal' 'probationary Employment' 'jurisdictional Preclusion']

Case Brief

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Procedural Posture

Unfair Dismissal Application / Ruling on Jurisdictional Notice of Motion

Legal Issues

  1. 1 ['Whether the Commission has jurisdiction to hear an unfair dismissal application by a probationary employee whose probation period exceeds three months.' 'Whether a 12 month probationary period is reasonable having regard to the nature and circumstances of the employment.']

Ratio Decidendi

The 12 month probationary period was reasonable having regard to the nature and circumstances of Ms Smith’s employment, determined in advance, and the application is precluded under s 98(3) of the Industrial Relations Act 1996 and cl 6(1)(c)(ii) of the Regulations; the Commission lacks jurisdiction.

Court Disposition

Application dismissed for want of jurisdiction

Orders

  • ['Application dismissed for want of jurisdiction.' 'Matter No IRC 1717 of 2011 is concluded.']