NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Hunt v Hornsby Shire Council [2001] NSWIRComm 242 APPLICANT: John Reginal Hunt PARTIES : RESPONDENT: Hornsby Shire Council FILE NUMBER: 6123 of 2000 CORAM: Grayson DP Whether applicant unfairly dismissed, whether warnings were warranted, procedural unfairness, role of union delegate, behaviour of applicant, severity of sanction, dismissal the ultimate sanction, lesser penalty appropriate, ordinary and acceptable standards of behaviour in employment relationship CATCHWORDS : Held, dismissal was harsh, unreasonable and unjust, applicant reinstated LEGISLATION CITED : Industrial Relations Act 1996 Occupational Health and Safety Act 1983 Newcastle Steel Works Case (1961) AR 48 Hardie Ferodo Pty Ltd v NSW Nurses Association (No. 562 of 1978, 28 November 1978, unreported) CASES CITED : Perkins v Grace Wordlwide (Aust) Pty Ltd (1997) 72 IR 186 Hollingsworth v Commissioner of Police (1999) 88 IR 282 Australia Ltd v Bowen (1998) 79 IR 206 Pastrycooks Union v Gartrell White (No.3) (1990) 35 IR 70 HEARING DATES: 07/31/2001; 08/01/2001; 08/03/2001; 09/03/2001 DATE OF JUDGMENT: 10/12/2001
APPLICANT Mr B Docking of counsel instuctred by White Barnes, solicitors LEGAL REPRESENTATIVES: RESPONDENT Mr B Williamson, solicitor Gadens Solicitors
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