Romeo v Griffith City Council [2023] NSWIRComm 1015

Industrial Relations Commission New South Wales Medium Neutral Citation: Romeo v Griffith City Council [2023] NSWIRComm 1015 Hearing dates: 17 February 2023 Date of orders: 22 February 2023 Decision date: 22 February 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: 1. Rocco Romeo is to be reinstated to the position he held with the Griffith City Council immediately before his dismissal on 12 October 2022 on the terms and conditions that applied to his position at that time. 2. Order 1 is to take effect from Monday, 6 March 2023. 3. The period between 12 October 2022 and 6 March 2023 is not to count as service by Mr Romeo for any purpose. 4. Despite order 3, the period of employment of Mr Romeo with the Council is to be taken as not having been broken by the dismissal Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Termination – Statutory rights – Unfair dismissal – employee had driver's licence suspended – failure to declare suspension – dishonesty when confronted with that failure – dismissed for dishonesty – whether dismissal harsh, unreasonable or unjust Legislation Cited: Evidence Act 1995 s 140 Industrial Relations Act 1996 ss 84, 88, 89 Cases Cited: Burge v NSW BHP Steel Pty Ltd (2001) 105 IR 325; [2001] NSWIRComm 117 Byrne v Australian Airlines Ltd (1995) 185 CLR 410; [1995] HCA 24 Corrective Services NSW v Danwer [2013] NSWIRComm 61 Dumas v Industrial Relations Secretary (on behalf of Department of Communities and Justice) [2019] NSWIRComm 1071 Hernandez v Bayton Group Unit Trust [2005] NSWIRComm 1087 Industrial Relations Secretary v Fraser (No 2) [2015] NSWIRComm 10 Krix v Director-General, Department of Education and Communities [2014] NSWIRComm 1000 North v Television Corporation Ltd (1976) 11 ALR 599 Pastrycooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No. 3) (1990) 35 IR 70 Raeburne v Department of Justice and Attorney General [2011] NSWIRComm 48 Shakir v Department of Family and Community Services (2017) 270 IR 155; [2017] NSWIRComm 1040 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: Rocco Romeo (Applicant) Griffith City Council (Respondent) Representation: S Geddes, USU (Applicant) C Fesel, Williamson Barwick (Respondent) File Number(s): 2022/00317370 Publication restriction: No