Dr Michael Kennedy v Northern Sydney Area Health Service [2002] NSWIRComm 183

Industrial Relations Commission of New South Wales in Court Session

CITATION : Dr Michael Kennedy v Northern Sydney Area Health Service [2002] NSWIRComm 183 APPLICANT: Dr Michael Kennedy PARTIES : RESPONDENT: Northern Sydney Area Health Service FILE NUMBER: IRC 3780 of 2000 CORAM: Glynn J Unfair contract - change from 1:4 to 1:5 on-call roster during term of quinquennial contract - change found justified - no provision for notice of change in contract for services - lack of notice found unfair - six months notice would be fair - actual notice almost six months - no compensation ordered pursuant to s 106(5). CATCHWORDS : Unfair contract - non-appointment to cover position on on-call roster during 12 months absence of colleague - alleged hospital protocol provided for applicant to be offered coverage prior to appointment of locum - locum appointed. Held: no protocol - appointment of locum for 12 months justified - compensation refused. Industrial Relations Act 1996 s 106 LEGISLATION CITED : Health Services Regulation 1998 Health Services Act 1997 Huskisson RSL v Sullivan (1990) 20 NSWLR 332 CASES CITED : Reich v Client Server Professionals of Australia Pty Limited (Administrator Appointed) [2000] NSWIRComm 143 Schwartz v Central Sydney Area Health Service [2002] NSWIRComm 79 Westfield Holdings v Adams [2001] NSWIRComm 293 HEARING DATES: 11/12/2001; 11/13/2001; 11/14/2001; 11/19/2001; 11/20/2001; 11/21/2001; 03/25/2002 DATE OF JUDGMENT: 08/09/2002