The Australian Workers' Union, NSW on behalf of Kevin Cook v OneSteel Trading Pty Ltd [2004] NSWIRComm 359

Industrial Relations Commission of New South Wales

CITATION : The Australian Workers' Union, NSW on behalf of Kevin Cook v OneSteel Trading Pty Ltd [2004] NSWIRComm 359 PARTIES : The Australian Workers' Union, NSW (on behalf of K Cook) OneSteel Trading Pty Ltd FILE NUMBER: IRC 2858 of 2004 CORAM: Harrison DP CATCHWORDS : Application re unfair dismissal pursuant to s 84 of Industrial Relations Act 1996 - misconduct - threats, intimidation and harassment toward other employees. Held - conduct proven - defence of victimisation of union delegate not made out - employment record considered - termination of employment not harsh, unjust or unreasonable - application for intervention refused. LEGISLATION CITED : Industrial Relations Act 1996 Jones v Dunkel (1959) 101 CLR 298 In the Matter of a dispute between Electrolytic Refining and Smelting Company of Australia Limited and Building Workers Industrial Union of Australia, New South Wales Branch re limitation on the number of bricklayers (No 1356 of 1988, Redman CC, 24 November 1988, unreported), AFMEPKIU on behalf of Ahmad Rezai Kashkooli and Dandy Designs (IRC 2264 of 1999, O'Neill C, 27 August 1999, unreported), CASES CITED : In the matter of a claim for relief relating to the dismissal of Andrew Gorman by BHP Integrated Steel Division (IRC 4242 of 1999, Connor C, 13 July 2000, unreported), North v Television Corporation Ltd 11 ALR 599, Franklins Limited v Webb (1996) 72 IR 257. Briginshaw v Briginshaw (1938) 60 CLR 336 HEARING DATES: 09/28/2004; 09/29/2004; 09/30/2004; 10/01/2004 DATE OF JUDGMENT: 11/26/2004