New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 98

98 Right of appeal

(1) Despite anything contained in any other Act, a public sector employee may, subject to and in accordance with this Part, appeal to the Commission against an appealable decision of his or her employer.

(2) An appeal may be made on the ground the decision appealed against constituted a detrimental action offence within the meaning of the Public Interest Disclosures Act 2022 .

(3) However, employees of the following classes cannot appeal to the Commission against an appealable decision referred to in section 97 (1) (d), (f) or (g)--

(a) employees engaged under a contract of employment for--

(i) a specified period of time that is less than 6 months, or

(ii) a specified task that is of less than 6 months duration,

(b) employees serving a period of probation or qualifying period, if the duration of the period, or the maximum duration of the period, is determined in advance and either--

(i) the period, or the maximum duration, is 3 months or less, or

(ii) if the period, or the maximum duration, is more than 3 months--the period, or the maximum duration, is reasonable having regard to the nature and circumstances of the employment and the statutory provisions relating to the probationary appointment of the employee concerned,

(c) employees engaged on a casual basis for a short period except those who--

(i) are engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 6 months, and

(ii) would, but for the decision of the employer, have had a reasonable expectation of continuing employment with the employer.