Margaret Hardy and St Vincent's Hospital Sydney Ltd [2001] NSWIRComm 148

Industrial Relations Commission of New South Wales

CITATION : Margaret Hardy and St Vincent's Hospital Sydney Ltd [2001] NSWIRComm 148 PARTIES : Nurses' Association of New South Wales St Vincent's Hospital FILE NUMBER: 582 of 2000 CORAM: Grayson DP CATCHWORDS : Allegations of theft or unauthorised removal of employer property - whether actions were properly characterised as serious and wilful misconduct such as might justify summary dismissal - onus of proof - remedy of reinstatement - whether ancillary order for lost remuneration should be made Held, dismissal unfair, reminstatement ordered - lost remuneration ordered - Obiter, ancillary order for lost remuneration remedial in nature and not punitive - question whether employer is punished by duration of proceedings does not arise - employer has had the use of monies otherwise in the hands of wrongly dismissed employee LEGISLATION CITED : Industrial Relations Act 1996 Mental Health Act 1990 Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union v Gartrell White [No.3] (1990) 35 IR 70 Briginshaw v Briginshaw (1938) 60 CLR 336 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Bigg v NSW Police Service (1988) 80 IR 434 Barrett v Crown Street Women's Hospital CASES CITED : [1947] AR 565 Re Homebush Abbatoir [1996] AR (NSW) 386 WD & WO Wills (Australia) Ltd v Jamieson [1957] AR (NSW) 547 North Television Corporation Ltd [1976] 11 ALR 599 Flynn v JC Hutton Pty Ltd (1982) 3 IR 413 Williams v Printers Trade Services (1984) 7 IR 82 Wallace v Deering Auto Electrics (1985) 12 IR 34 HEARING DATES: 04/29/2001; 04/30/2001; 05/11/2001; 06/16/2001 DATE OF JUDGMENT: 07/11/2001