NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Gilbett v Mercy Care (Newcastle) Limited T/as Newcastle Mater Misericordiae Hospital [2004] NSWIRComm 308 PARTIES : Dr Heather Gilbett Mercy Care (Newcastle) Limited T/as Newcastle Mater Misericordiae Hospital FILE NUMBER: IRC 775 of 2004 CORAM: Harrison DP CATCHWORDS : Application re unfair dismissal pursuant to s84 of the Act - Long term absence - sick leave and long service leave - applicant contends long service leave approved - question of fact - avoidance of communication with employer - failure to respond to return to work program - breakdown in employment relationship. Held - Termination of employment not harsh, unreasonable or unjust. LEGISLATION CITED : Industrial Relations Act 1996 Long Service Leave Act 1955 HEARING DATES: 08/30/2004; 09/02/2004 DATE OF JUDGMENT: 10/21/2004
APPLICANT Counsel Mr G Giagios
Solicitor Mr D Williams LEGAL REPRESENTATIVES: Whitelaw McDonald Solicitors
RESPONDENT
Solicitor Mr J Kennedy Sparke Helmore Solicitors
JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Thursday, 21 October 2004
MATTER NO IRC 775 OF 2004 DR HEATHER GILBETT AND MERCY CARE (NEWCASTLE) LIMITED T/AS NEWCASTLE MATER MISERICORDIAE HOSPITAL
Application re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996 DECISION [2004] NSWIRComm 308
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