Ross v NSW Police Force; Mayo v NSW Police Force [2011] NSWIRComm 1005

Ross v NSW Police Force; Mayo v NSW Police Force [2011] NSWIRComm 1005

There was no contract of employment between the appellants and the NSW Police Force as the appellants, while students, were not performing work but partaking in educational services provided by Charles Sturt University. As such, they do not meet the statutory definitions of 'public sector employee' or 'public sector employer' for the purposes of an appeal under section 98 of the Industrial Relations Act 1996. Thus, the Industrial Relations Commission lacked jurisdiction and the appeals must be struck out.

Jurisdiction
Australia
Judgment Date
23 February 2011
Procedural Posture
Appeal / Decision on Jurisdiction
Outcome
Appeals struck out for want of jurisdiction
Legal Topics
['contract of Employment' 'public Sector Employment' 'jurisdiction of Industrial Relations Commission']
['industrial Law'] ['contract of Employment' 'public Sector Employment' 'jurisdiction of Industrial Relations Commission']

Case Brief

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Procedural Posture

Appeal / Decision on Jurisdiction

Legal Issues

  1. 1 ['Whether there was a contract of employment between the appellants and the Police Force' "Whether the appellants are 'public sector employees' of a 'public sector employer' under Part 7 of the Industrial Relations Act 1996" 'Whether the decision appealed is of a kind referred to in section 97(1) of the Industrial Relations Act 1996']

Ratio Decidendi

There was no contract of employment between the appellants and the NSW Police Force as the appellants, while students, were not performing work but partaking in educational services provided by Charles Sturt University. As such, they do not meet the statutory definitions of 'public sector employee' or 'public sector employer' for the purposes of an appeal under section 98 of the Industrial Relations Act 1996. Thus, the Industrial Relations Commission lacked jurisdiction and the appeals must be struck out.

Court Disposition

Appeals struck out for want of jurisdiction

Orders

  • ['Both appeals are struck out for want of jurisdiction']