NSW Nurses' Association (o/b of Jane Rawlinson) v Hunter Area Health Service [2003] NSWIRComm 411

Industrial Relations Commission of New South Wales

CITATION : NSW Nurses' Association (o/b of Jane Rawlinson) v Hunter Area Health Service [2003] NSWIRComm 411 PARTIES : NSW Nurses' Association Hunter Area Health Service FILE NUMBER: IRC 3070 of 2003 CORAM: Harrison DP CATCHWORDS : Application for relief from unfair dismissal - misconduct Held - mitigating circumstances insufficient to outweigh gravity of conduct - no lack of procedural fairness - termination not harsh, unreasonable or unjust LEGISLATION CITED : Health Care Complaints Act 1993 Industrial Relations Act 1996 HEARING DATES: 08/28/2003; 10/10/2003 DATE OF JUDGMENT: 11/25/2003

APPLICANT Mr J O'Brien NSW Nurses' Association

LEGAL REPRESENTATIVES: RESPONDENT Mr De Meyrick of Counsel Solicitor Ms A Brown Sparke Helmore Solicitors

JUDGMENT: - 10 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP Tuesday, 25 November 2003 MATTER NO IRC 3070 OF 2003

NEW SOUTH WALES NURSES' ASSOCIATION (ON BEHALF OF JANE RAWLINSON) AND HUNTER AREA HEALTH SERVICE

Application re unfair dismissal pursuant to s84 of the Industrial Relations Act 1996 ("the Act")

DECISION [2003] NSWIRComm 411

1 The application in this matter was filed on 6 June 2003 and subject to proceedings for the purpose of Conciliation and Directions on 20 June 2003 and 3 July 2003. These proceedings established that the matter could not be settled by conciliation and directions issued to bring the matter to hearing on 28 August 2003. In the event the estimate of one day required for proceedings proved ambitious, the matter concluding on 10 October 2003.