Ferry and Broken Hill Town Employees' Union [2005] NSWIRComm 358

Industrial Relations Commission of New South Wales

CITATION: Ferry and Broken Hill Town Employees' Union [2005] NSWIRComm 358

APPLICANT Ms Rosslyn Ann Ferry PARTIES: RESPONDENT Broken Hill Town Employees' Union

FILE NUMBER(S): 4177 of 2005

CORAM: Sams DP

Threatened dismissal of union secretary in Broken Hill - applicant also SDA organiser - Rules of the Union - whether elected Secretary an employee of the union - joint positions held by applicant - termination of employment from one position - funding arrangements between two organisations - whether Secretary's position a paid position - Union's Committee of Management and meeting of members decides to make position unpaid - applicant withdraws Union's funds - allegations of misappropriation of Union's funds - applicant suspended from duty - proposal to convene a meeting to consider removing applicant from her position - whether applicant threatened with dismissal - whether Rules of the Union complied with - whether threatened dismissal harsh, unreasonable or unjust - interference in Union's processes - notice of motion - agreement on interim arrangements pending hearing - appropriate relief. CATCHWORDS: Held, applicant an employee for the purposes of Pt 6 ch 2 of the Act - applicant threatened with dismissal - reluctance to interfere in Union's processes - rules of natural justice - suspension of applicant procedurally unfair - orders made to restore applicant to former position pending compliance with Union's Rules - applicant not to undertake any duties of Secretary - no orders as to repayment of Union's funds.

LEGISLATION CITED: Industrial Relations Act 1996