Allan Trevor Gould v St George Area Intellectual Disability Services Ltd [2007] NSWDC 166

New South Wales District Court

CITATION: Allan Trevor Gould v St George Area Intellectual Disability Services Ltd [2007] NSWDC 166

HEARING DATE(S): 17/04/07-19/04/07 EX TEMPORE JUDGMENT DATE : 1 May 2007

JURISDICTION: Civil

JUDGMENT OF: Phegan DCJ

DECISION: Verdict and Judgment for the Defendant.; Plaintiff to pay defendant's costs on the ordinary basis

CATCHWORDS: contract of employment - wrongful dismissal - effect of resignation

LEGISLATION CITED: Evidence Act 1995

Riordan v The War Office [1959] 1 WLR 1046 CASES CITED: Martin v Yeoman Aggregates Limited [1983] 1 CR 314 Birrell v Australian National Airlines Commission (1984) 5 FCR 447 State of New South Wales v Paige (2002) 60 NSWLR 371

PARTIES: Allan Trevor Gould [Plaintiff] St George Area Intellectual Disability Services Ltd [Defendant]

FILE NUMBER(S): 1083/06

COUNSEL: Mr J Pearce [Plaintiff] Mr G Boyce [Defendant]

SOLICITORS: Paul Murphy & Associates [Plaintiff] Hancock Alldis & Roskov [Defendant]

JUDGMENT

1 HIS HONOUR: In this matter the defendant, St George Area Intellectual Disability Services is a non profit organisation which provides services to the intellectually disabled in the form of the conduct of group homes, of community access services, early intervention programs and respite care. The plaintiff is a person of considerable experience as an administrator and manager in the care and management of the intellectually disabled. In December 2002 he was hired by the defendant, whose board was then chaired by a Ms Mary Stewart, the plaintiff being engaged as Chief Executive Officer on a temporary basis to investigate allegations of systemic abuse which included the death of one of the defendant's clients. A number of complaints had been made about the conduct of the defendant's affairs to the National Disability Service Abuse and Neglect hotline and there were a number of acknowledged management problems.