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The Commission dismissed a motion to dismiss an unfair dismissal claim, finding the parties reached only an in-principle settlement, not a binding agreement.
High Court considered genuine redundancy under the Fair Work Act, including redeployment and appellate review standards. The appeal was dismissed.
The Commission dismissed Lady Marie Boncales’ interlocutory application to stay a threatened dismissal, finding no irreparable damage and that balance of convenience favoured the respondent.
Fernandez v Office of the Director of Public Prosecutions [2025] NSWIRComm 2
The Commission dismissed Matthew Fernandez’s unfair dismissal claim, finding he was a temporary employee whose non-renewal after sustained performance concerns was not harsh, unreasonable or unjust.
Charisse Cachuela v Commissioner of Police [2025] NSWIRComm 1
The Commission refused an extension of time to appeal, finding no adequate explanation for a 41-day delay and no reasonable prospect of success.
Doherty v Secretary of the Department of Education (No 2) [2025] NSWIRComm 1001
The Commission dismissed an unfair dismissal claim arising from medical retirement, finding the respondent had a sound medical basis and afforded procedural fairness.
Luke Simmonds v Commissioner of Police, NSW Police Force [2024] NSWIRComm 22
The Full Bench refused leave to appeal against a police removal decision, holding the key factual findings were open and the case raised no public-interest issue.
Tucker v Transport Secretary [2024] NSWIRComm 1074
The Commission dismissed Luke Tucker’s unfair dismissal claim, finding misconduct and an undisclosed conflict of interest in his dealings with a boating accident investigation.
Edward Simon v Industrial Relations Secretary in respect of Department of Customer Service [2024] NSWIRComm 1070
The Commission dismissed an unfair dismissal application, holding the applicant’s probation and its 12-month maximum were determined in advance and reasonable.
Laing O'Rourke Australia Management Services Pty Ltd v Haley [2024] FCA 1323
The Full Court rejected most challenge grounds, upheld findings that Mr Haley was not dishonest and had not engaged in serious misconduct, but remitted the decision-maker issue.
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