Hans Peter Dietz v Secretary, Ministry of Health in respect of Nepean Blue Mountains Local Health District [2021] NSWIRComm 1068

Industrial Relations Commission New South Wales Medium Neutral Citation: Hans Peter Dietz v Secretary, Ministry of Health in respect of Nepean Blue Mountains Local Health District [2021] NSWIRComm 1068 Hearing dates: 21, 22 December 2020; 12 February 2021. Last submissions filed 12 March 2021 Date of orders: 13 September 2021 Decision date: 13 September 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Order made pursuant to s 89(7) of the Industrial Relations Act 1996 (NSW) Catchwords: INDUSTRIAL LAW – unfair dismissal – threatened dismissal – order sought that respondent not dismiss the applicant – specific conduct relied upon in the show cause letter not proven – loss of trust and confidence in the employment relationship – order made restraining the respondent from terminating the applicant on the basis of particular conduct not proved – no restraint made on the basis of loss of trust and confidence and breakdown of relationship Legislation Cited: Industrial Relations Act 1996 (NSW) ss 83, 84, 89(7), 130 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Corrective Services NSW v Danwer [2013] NSWIRComm 61 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 Wang v Crestell Industries Pty Ltd (1997) 73 IR 454 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Category: Principal judgment Parties: Professor Hans Peter Dietz (applicant) Secretary, Ministry of Health in respect of Nepean Blue Mountains Local Health District (respondent) Representation: Mr Morgan of Australian Salaried Medical Officers' Federation (for the applicant) Mr Gardner of Bartier Perry (for the respondent) File Number(s): 2020/195346 Publication restriction: Orders made pursuant to s 164A of the Industrial Relations Act 1996 (NSW)