Hamlin v City of Sydney Council [2021] NSWIRComm 1010

Industrial Relations Commission New South Wales Medium Neutral Citation: Hamlin v City of Sydney Council [2021] NSWIRComm 1010 Hearing dates: 28 January 2021 Date of orders: 9 February 2021 Decision date: 09 February 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Application dismissed Catchwords: UNFAIR DISMISSAL – termination for serious misconduct – garbage collector riding on back of truck – deliberate non-compliance with direction – nature and seriousness of conduct - over 40 years' service – previous Code of Conduct breach relevant – applicant lacked insight into seriousness of his conduct – dismissal not harsh, unreasonable nor unjust Legislation Cited: Industrial Relations Act 1996 (NSW) Local Government Act 1993 (NSW) Work Health and Safety Act 2011 (NSW) Cases Cited: Australian Worker's Union New South Wales and BlueScope Steel [2011] NSWIRComm 1038 Corrective Services NSW v Danwer [2013] NSWIRComm 61 Corrective Services NSW v Danwer [2013] NSWIRComm 61 Department of Health v Perihan Kaplan [2010] NSWIRComm 65 Harbour City Ferries Pty Ltd v Toms [2014] FWCFB 6249 Industrial Relations Secretary v Fraser (No 2) [2015] NSWIRComm 10 Juleff v Linfox, IRC 4293/2004 McLean v Tedman (1984) 155 CLR 306 Metropolitan Meat Industry Board v Australasian Meat Industry Employees' Union, NSW Branch [1973] AR (NSW) 231 NUW (on behalf of Wayne Khan) v Cuno Pacific Pty Ltd [2005] NSWIRComm 388; (2005) 146 IR 441 Outboard World Pty Limited (t/a Budget Waste Control (Sydney)) v Muir (1993) 51 IR 167 Parmalat Food Products Pty Ltd v Wililo [2011] FWAFB 1166 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Category: Principal judgment Parties: Mr Warren Hamlin (applicant) City to Sydney Council (respondent) Representation: Mr D Papps of the United Services Union for the applicant Mr J Mattson of Bartier Perry Lawyers for the respondent File Number(s): 2020/227978 Publication restriction: Nil