Rahman v Health Secretary in respect of the Sydney Local Health District and the South West Sydney Local Health District [2021] NSWIRComm 1065

Industrial Relations Commission New South Wales Medium Neutral Citation: Rahman v Health Secretary in respect of the Sydney Local Health District and the South West Sydney Local Health District [2021] NSWIRComm 1065 Hearing dates: 12, 13 and 14 May 2021, final submissions received 4 August 2021 Date of orders: 2 September 2021 Decision date: 02 September 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The applications are dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Termination – Statutory rights – Unfair dismissal – Security officer intervened in patient restraint – absence of direction to intervene – consideration of gravity of physical conduct – verbal altercation with co-worker following the restraint – whether conduct was misconduct warranting termination of employment – impact of termination at one Local Health District on employment at another – whether dismissal harsh, unreasonable or unjust Legislation Cited: Health Services Act 1997 Ch 9, ss 119, 121 Industrial Relations Act 1996 s 84 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Byrne v Australia Airlines Ltd (1995) 185 CLR 410 Corrective Services NSW v Danwer [2013] NSWIRComm 61 Department of Health v Perihan Kaplan [2010] NSWIRComm 65 Lane v Arrowcrest Group Pty Ltd (1990) 27 FCR 427 NSW Health Services Northern Sydney Local Health District v Hargreaves [2012] NSWIRComm 123 Pastrycooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No. 3) (1990) 35 IR 70 Shepherd v Felt & Textiles Australia Ltd (1931) 45 CLR 359 Tredinnick v Commissioner of Police [2016] NSWIRComm 14 Wang v Crestell Industries Pty Ltd (1997) 73 IR 454 Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Texts Cited: Nil Category: Principal judgment Parties: Mustafizur Rahman (Applicant) Health Secretary (Respondent) Representation: Counsel: A Canceri (Applicant) A Britt (Respondent) Solicitors: WorkLawyers (Applicant) File Number(s): 2020/187907 and 2020/266802 Publication restriction: No