Graham v Department of Community Services [2000] NSWIRComm 202

Industrial Relations Commission of New South Wales in Court Session

CITATION : Graham v Department of Community Services [2000] NSWIRComm 202 APPLICANT: PARTIES : Karen Graham RESPONDENT: Department of Community Services FILE NUMBER: IRC 2731 of 1999 CORAM: Boland J CATCHWORDS : Unfair contract - Contract of employment- alleged sexual harassment, harassment, stalking - alleged failure to properly investigate applicant's grievance - alleged failure to maintain confidentiality relating to grievance - allegations that investigation by independent consultant into grievance was "tainted" by respondent - allegation that applicant's complaints not substantiated was not justified - allegation that transfers of applicant to other work locations were unfair - allegations of fraud and forgery against applicant - finding that contract not unfair - finding that applicant contributed significantly to her own detriment - application dismissed - applicant to pay respondent's costs. LEGISLATION CITED : Industrial Relations Act 1996 Public Service Management Act 1988 CASES CITED : Day v Lumley Life Ltd (1999) 90 IR 70, Reich v Client Server Professionals of Australia Pty Ltd (Administrator Appointed) [2000] NSWIRComm 143 HEARING DATES: 07/24/2000; 07/25/2000; 07/26/2000; 07/27/2000; 09/11/2000 DATE OF JUDGMENT: 10/23/2000

APPLICANT: Ms Keys of counsel LEGAL REPRESENTATIVES: RESPONDENT: Ms Brus of counsel

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES IN COURT SESSION CORAM: BOLAND J