Mullan v Catholic Education Office as agent for the Diocese of Wollongong [2003] NSWIRComm 4

Industrial Relations Commission of New South Wales

CITATION : Mullan v Catholic Education Office as agent for the Diocese of Wollongong [2003] NSWIRComm 4 PARTIES : Bridget Mullan Catholic Education Office FILE NUMBER: IRC 689 of 2002 and IRC 2125 of 2002 CORAM: Grayson DP Victimisation allegation, unfair dismissal allegation, concurrent hearing, evidence in one taken as evidence in both, rebuttable presumption in favour of victimisation relevantly alleged, rebuttal onus on employer, role of elected representative of employees, obligation to act with propriety, obligation on disputing parties to reasonably attempt resolution, victimisation perceived unsupported by evidence, disproportionate intemperate reaction to relatively innocuous remarks, failure to accept consequences and attempt amelioration when afforded ample opportunity CATCHWORDS : Held, presumption in favour of victimisation allegations successfully rebutted, manifest absence of evidnce in support, none of matters alleged substantially or operatively responsible for detriment to applicant, applicant responsible for own detriment, no unfairness in dismissal, no warrant for Commission's intervention, applications dismissed. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Newcastle Steel Workers Case (1961) AR 48 HEARING DATES: 05/23/2002; 05/30/2002; 05/31/2002; 06/19/2002; 08/15/2002; 12/20/2002 DATE OF JUDGMENT: 02/11/2003

Mr R Moore of counsel instructed by Access Business Lawyers LEGAL REPRESENTATIVES: Mr J Murphy of counsel instructed by the Catholic Commission for Employment Relations