Pelechowski v NSW Land & Housing Corp [1999] FCA 1110

FEDERAL COURT OF AUSTRALIA

Pelechowski v NSW Land & Housing Corp [1999] FCA 1110 INDUSTRIAL LAW – Termination of Employment – alleged termination on basis of applicant being a whistle-blower – Serious Misconduct – Failure of Applicant to address substance of performance of conduct KARL PELECHOWSKI v NSW LAND AND HOUSING CORPORATION NG 2875 of 1995

JUDICIAL REGISTRAR: WALKER DATE: 13 AUGUST 1999 PLACE: SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NI 2875 OF 1995

BETWEEN: KARL PELECHOWSKI

Applicant

AND: NEW SOUTH WALES LAND AND HOUSING CORPORATION

Respondent

JUDICIAL REGISTRAR: WALKER

DATE OF ORDER: 13 JULY 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Application be dismissed Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NI 2875 OF 1995

BETWEEN: KARL PELECHOWSKI

Applicant

AND: NEW SOUTH WALES LAND AND HOUSING CORPORATION

Respondent

JUDICIAL REGISTRAR: WALKER

DATE: 13 JULY 1999

PLACE: SYDNEY

REASONS FOR JUDGMENT THE CLAIM: 1 Mr Pelechowski, the applicant in these proceedings, filed his application for unlawful termination on 14 July 1995 and, later on 20 October 1995, an affidavit in support. The matter came before the Court on a number of direction hearings and was listed for hearing for eight days commencing on 4 November 1996. These dates were vacated when the Court became aware of criminal proceedings instituted by the applicant against the Director of the NSW Land and Housing Corporation, pursuant to the Protected Disclosures Act 1994. (The NSW Land and Housing Corporation is referred to as "the Department" hereinafter.) Despite these proceedings having been dismissed on the basis of no prima facie case on 27 May 1997, the matter remained dormant until called over by the Court on 23 April 1999 to determine its status. Subsequently, it was set down for hearing for three weeks commencing on 28 June 1999.