Hossack v State of New South Wales [2025] NSWIC 1

Hossack v State of New South Wales [2025] NSWIC 1

Neither the salary amount paid in error and since refunded, nor the TESL payments reimbursing conference costs, formed part of Dr Hossack's remuneration package for s 108A purposes. As a result, her remuneration did not exceed the statutory cap and the jurisdictional bar did not apply.

Parties
Applicant: Tania Anne Hossack; First Respondent: State of New South Wales; Second Respondent: Western Sydney Local Health District
Jurisdiction
Australia
Judgment Date
28 February 2025
Procedural Posture
Notice of Motion (interlocutory) / Jurisdictional Challenge Prior to Substantive Hearing
Outcome
Respondents' Notice of Motion dismissed; proceedings not summarily terminated on jurisdictional grounds.
Legal Topics
Unfair Contract, Remuneration Cap, Contractual Interpretation, Jurisdiction, Remuneration Package, Employment Benefits
Employment and Industrial Law Unfair Contract Remuneration Cap Contractual Interpretation Jurisdiction Remuneration Package Employment Benefits

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Parties

Tania Anne Hossack

Applicant

State of New South Wales

First Respondent

Western Sydney Local Health District

Second Respondent

Procedural Posture

Notice of Motion (interlocutory) / Jurisdictional Challenge Prior to Substantive Hearing

Legal Issues

  1. 1 Whether Dr Hossack's remuneration package exceeded the statutory cap under s 108A of the Industrial Relations Act 1996 (NSW) so as to bar her unfair contract claim
  2. 2 Whether monies paid in error and subsequently repaid, and reimbursement of conference expenses (TESL payments), formed part of her 'remuneration package' within the meaning of s 108A

Ratio Decidendi

Neither the salary amount paid in error and since refunded, nor the TESL payments reimbursing conference costs, formed part of Dr Hossack's remuneration package for s 108A purposes. As a result, her remuneration did not exceed the statutory cap and the jurisdictional bar did not apply.

Court Disposition

Respondents' Notice of Motion dismissed; proceedings not summarily terminated on jurisdictional grounds.

Orders

  • The respondents' Notice of Motion is dismissed.