NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Michael Anthony Ryan and Woy Woy & District Rugby League Football Club Limited [2005] NSWIRComm 1145
APPLICANT Michael Anthony Ryan PARTIES: RESPONDENT Woy Woy & District Rugby League Football Club Limited
FILE NUMBER(S): 4997 of 2004
CORAM: Murphy C
CATCHWORDS: Applicant dismissed for serious misconduct - rostered on TAB counter, leading to finding of guilt of duplicating and cashing winning TAB betting tickets. Reasoning applied and video evidence relied upon found to be significantly flawed - evidentiary onus on respondent not discharged. Reinstatement ordered with full compensation since dismissal 12 months earlier, along with deeming employment to have continued.
LEGISLATION CITED: Industrial Relations Act 1996
Pastrycooks Employees etc. Union v Garfield White (No.3) Briginshaw v BriginshawIndustries Franklins v Webb CASES CITED: Wang v Crestell Industries Zahra v Rooty Hill RSL Club Limited Bigg v Police Service of NSW
HEARING DATES: 07/28/2005; 07/29/2005
DATE OF JUDGMENT: 09/09/2005
EXTEMPORE JUDGMENT DATE : 09/09/2005
APPLICANT Mr C Acev of Australian Liquor, Hospitality and Miscellaneous Workers' Union, NSW Branch LEGAL REPRESENTATIVES: RESPONDENT Mr J Oliveux of Clubs NSW
DECISION: 31 INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
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