Rahman v Director-General Department of Education and Training

The applicant, Rahman, sought orders from the Court of Appeal of New South Wales against the Director-General of the Department of Education and Training. The dispute concerned the termination of Rahman's employment, with the Industrial Relations Commission having previously determined that section 84 of the *Industrial Relations Act 1996* (NSW) was not engaged in relation to this termination. Rahman sought a writ of mandamus.

The primary legal issue before the Court of Appeal was whether it possessed the jurisdiction to grant the relief sought by Rahman. Specifically, the court had to consider whether it had appellate jurisdiction or prerogative jurisdiction that would permit it to issue a writ of mandamus in these circumstances.

The Court of Appeal held that it did not have the requisite jurisdiction. The court reasoned that section 179 of the *Industrial Relations Act 1996* (NSW) did not confer appellate jurisdiction to review the decision of the Industrial Relations Commission in this matter, nor did it grant prerogative jurisdiction to issue a writ of mandamus. Consequently, the court found that it could not entertain the application.

The summons was dismissed with costs.