Skeates v. Illawarra Area Health Service [2005] NSWIRComm 1026

Industrial Relations Commission of New South Wales

CITATION: Skeates v. Illawarra Area Health Service [2005] NSWIRComm 1026

Illawarra Area Health Service PARTIES: RESPONDENT

FILE NUMBER(S): 6265 of 2002

CORAM: Connor C

termination of employment - medical fitness for duties - delay in proceedings - want of prosecution - case management CATCHWORDS:

Industrial Relations Act 1996 LEGISLATION CITED:

Cooper v. BHP Steel (AIS) Pty Limited (unreported) Public Service Professional Officers' Association Case (1979) AR 375 CASES CITED: State Pollution Control Commission v. Australian Iron and Steel Pty Limited (1992) 22 NSWLR 487 Versace v. New South Wales Police Service [2005] NSWIRCComm 20

HEARING DATES: 02/23/2005 EXTEMPORE JUDGMENT DATE : 02/23/2005

APPLICANT Paul Matters Leo and Morrison Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Anthony Britt Counsel

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C Wednesday, 23 February, 2005

Matter No IRC 6265 of 2002

David Skeates and the Illawarra Area Health Service

Application by the Health and Research Employees' Association of New South Wales (now the Health Services Union) under S.84 of the Industrial Relations Act, 1996

DECISION

[2005] NSWIRComm 1026

1 This matter falls under Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act. It has a depressingly long history. I have decided to bring it to a conclusion, notwithstanding that there were no submissions before me to that effect. Neither party in the proceedings - the Part 6 applicant nor the former employer - have really proposed that I dismiss the matter but have requested an adjournment. It is therefore appropriate that I outline the circumstances which have prompted me to conclude this matter. 2 The Part 6 application was made initially by the Health and Research Employees' Association of New South Wales (now the Health Services Union) on behalf of its member, Mr David Skeates, who had been employed as a wardsman with Wollongong Hospital. Mr Skeates' services were terminated on Friday, 25 October, 2002 after thirteen years of employment. The termination of Mr Skeates' services arose originally following a workplace injury he had sustained but there are other issues which have complicated the resolution of Mr Skeates' claim. All proceedings with this matter have been convened in the Commission's premises in 90 Crown Street, Wollongong.