NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Ingersoll v Delta EMD Australia Pty Limited [2005] NSWIRComm 1006
APPLICANT : Mr. John Ingersoll PARTIES: RESPONDENT: Delta EMD Australia Pty Limited
FILE NUMBER(S): 5802 of 2004
CORAM: Ritchie C
Termination of employment unfair dismissal whether dismissal was harsh,unreasonable,unjust applicant terminated for failure to have raised a Permit To Work and failure to notify boiler controller of his appearance. Applicant believed a PTW not required and Controller not present. Applicant previously advised of PTW requirement. CATCHWORDS: Applicant on a Level 1 Discipline Applicant disregarded obvious safety signs Respondent saw actions of applicant as deliberate Working with a dangerous product. Found applicant aware of Co. requirements and failed to follow same. Termination neither harsh,unjust or unreasonable
HEARING DATES: 11/30/2004
DATE OF JUDGMENT: 01/28/2005
Mr. R. Wilson of Electrical Trades Union of Australia, New South Wales Branch LEGAL REPRESENTATIVES: Mr. R. Warren of Counsel
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: RITCHIE C.
28 January 2005
Matter No IRC 5802 of 2004
IN THE MATTER OF: Electrical Trades Union of Australia, New South Wales Branch ( on behalf of its member John Ingersoll ) and Delta EMD Australia Pty Limited.
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