T12855
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TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 Dr Stephen Bennett and Minister administering the State Service Act 2000
Appeal against a decision handed down by Commissioner J P McAlpine arising out of T12723 of 2006 - new evidence pursuant to s.71(8) - decision revoked - T12723 of 2006 referred back to Commissioner J P McAlpine for rehearing REASONS FOR DECISION [1] This is an appeal against a decision of Commissioner McAlpine in Matter T12723 of 2006. [2] The grounds of appeal are as follows:
[3] Following a direction from the Full Bench pursuant to s.71(2A) of the Industrial Relations Act 1984 (the Act) the appellant provided further and better particulars of the grounds of appeal. We do not repeat those further and better particulars herein. [4] We note that at paragraph 10 of his decision the Commissioner determined that certain matters fell into the category of `appointments and promotions' and were therefore beyond the jurisdiction of the Commission. [5] We disagree with his conclusion. With the exception of item 6 relating to the employment status of Dr Cerchez, we are of the view that the remaining questions constitute industrial matters and are therefore capable of consideration and determination by the Commission. [6] We have heard the submissions on appeal and have formed the view that there was insufficient evidence of fact before the Commissioner for him to make an informed decision in respect to the substantive issues in the application. [7] This view is supported in part by the tender of new documents in the appeal hearing. [8] Accordingly we have decided to set aside the decision of the Commissioner and refer the matter back to him for re-hearing. [9] We are of the view that the following industrial matters need to be addressed and determined by the Commissioner: 1. Is Dr Bennett entitled to payment for the hours he worked in accord with the Extra Hours Roster? - Evidence may be required that the extra hours have been worked by Dr Bennett. 2. When and by what means was the Extra Hours Roster discontinued as claimed by the Respondent? - Evidence may be required in respect to the Extra Hours Roster. 3. Why was Dr Dunbar's position in respect to the Extra Hours Roster any different to that of Dr Bennett? 4. What were Dr Bennett's contract hours? 5. Were there any changes to his contract hours which need to be addressed? 6. When Dr Bennett was required to work contract hours of 72 hours per fortnight what was the status of the additional 10 hours? 7. What process was undertaken to remove the additional 10 hours from Dr Bennett's contract hours? [10] Dr Bennett is entitled to be represented by an industrial advocate of his choice. [11] If any evidence or information which may assist the Commissioner in his determination is deemed to be confidential the Commission can assure confidentiality.
P L Leary Appearances: Date and place of hearing:
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