Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division (on behalf of Vicki Ford) and Gosford City Council [2005] NSWIRComm 1012

Industrial Relations Commission of New South Wales

CITATION: Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division (on behalf of Vicki Ford) and Gosford City Council [2005] NSWIRComm 1012

APPLICANT Vicki Ford PARTIES: RESPONDENT Gosford City Council

FILE NUMBER(S): 3960 of 2001

CORAM: Patterson C

CATCHWORDS: Termination of employment - unfair dismissal - director of child care centre - Decision No. 1 (10 December 2004) found in favour of Applicant - relief not prescribed - parties ordered to confer and report - no settlement achieved - outcome to be decided by Commission - reinstatement or re-employment opposed by Respondent - Held - reinstatement as Director considered inappropriate - order issued for re-employment at a lower level with re-imbursement for income and benefits lost to be calculated at the lower rate

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 12/10/2004; 01/11/2005

DATE OF JUDGMENT: 01/21/2005

APPLICANT Mr M Barnes SOLICITOR LEGAL REPRESENTATIVES: White Barnes

RESPONDENT Mr J Murphy of counsel

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: PATTERSON, C

21 January 2005

Matter No IRC 3960 of 2001

Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division (on behalf of Vicki Ford) and Gosford City Council (No. 2)

Application by Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division on behalf of its member Vicki Ford re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996