Sleap & ABB Administrative Services Pty Ltd [2005] NSWIRComm 1193

Sleap & ABB Administrative Services Pty Ltd [2005] NSWIRComm 1193

The Commission concluded that it had the power under s.164A(3)(b) of the Industrial Relations Act 1996 to make a non-disclosure order, and was satisfied by the submissions and evidence placed before it that it was necessary in the interests of justice. The orders were made as originally sought by the respondent to protect both the applicant and witness "Mr A".

Jurisdiction
Australia
Judgment Date
22 November 2005
Procedural Posture
Unfair Dismissal Claim / Interim Decision on Non Disclosure Order
Outcome
non-disclosure order granted as originally sought
Legal Topics
['unfair Dismissal' 'non Disclosure Orders' 'in Camera Proceedings']
['industrial Law'] ['unfair Dismissal' 'non Disclosure Orders' 'in Camera Proceedings']

Case Brief

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Procedural Posture

Unfair Dismissal Claim / Interim Decision on Non Disclosure Order

Legal Issues

  1. 1 ['Whether the Commission should grant a non-disclosure order under s.164A of the Industrial Relations Act 1996 in the interests of justice' 'Whether the evidence of witness "Mr A" should be heard in camera and suppressed']

Ratio Decidendi

The Commission concluded that it had the power under s.164A(3)(b) of the Industrial Relations Act 1996 to make a non-disclosure order, and was satisfied by the submissions and evidence placed before it that it was necessary in the interests of justice. The orders were made as originally sought by the respondent to protect both the applicant and witness "Mr A".

Court Disposition

non-disclosure order granted as originally sought

Orders

  • ['Any written or oral evidence given by witness "Mr A" will be heard in camera.' 'Any written or oral evidence given by the applicant in reply to evidence by "Mr A" will be heard in camera.' 'Evidence given in accordance with (a) or (b) will not be made public by parties or legal representatives.' 'Access to files...