The NSW Industrial Relations Commission (“IRC”) was established by the Industrial Relations Act to deal with workplace matters in NSW, to conciliate and arbitrate disputes, to fix conditions of employment including wages and salaries through awards, to approve Enterprise Agreements and to determine unfair dismissal complaints.
The broad jurisdiction of the IRC extends to hear disciplinary appeals by employees engaged in the NSW public sector such as local and state government employees as well as appeals by Police about the refusal to have an injury or illness classified as work related. Public employees are no longer able to appeal to the IRC about a decision about a promotion.
Internal appeals from a decision made by the IRC at first instance are available if the decision was made by a single judge. Such appeals will proceed to the Full Bench of the IRC which will have at least three members presiding including the Chief Commissioner. The ground for appeal must be on a question of law.
Once an appeal has been determined by the Full Bench of the IRC, the decision is final. There will be no further avenue for appeal by the employee within the IRC or to another Court or Tribunal on any question of fact, law or other ground.
There are strict timeframes in which to lodge an appeal and so we recommend that you immediately seek legal advice. If you wish to speak with one of our solicitors, please contact our firm by telephone on (02) 9233 4048 or send an email to info@navado.com.au.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a Employment matter, you should make an appointment to see one of our Lawyers in one of the following locations:
- Sydney