George Maitland v Royal Blind Society of New South Wales [2004] NSWIRComm 368

Industrial Relations Commission of New South Wales

CITATION : George Maitland v Royal Blind Society of New South Wales [2004] NSWIRComm 368 APPELLANT George Ross Maitland PARTIES : RESPONDENT Royal Blind Society of New South Wales FILE NUMBER: IRC 4472 of 2004 CORAM: Boland J; Backman J; Macdonald C Appeal - Application for leave to appeal and appeal - Unfair dismissal - Appellant dismissed for misconduct involving harassment of fellow employee - Dismissal found not to be harsh, unreasonable or unjust at first instance - Whether error of fact or law - Whether Commissioner properly exercised her discretion - Credibility of witnesses - Conflict of evidence - Whether appellant accorded procedural fairness - Whether reason given for dismissal - Whether Commissioner took into account appellant's personal and economic situation in finding dismissal not harsh - Whether reinstatement or re-employment impracticable - Leave to appeal granted - Appeal upheld - Orders that appellant be re-employed on condition CATCHWORDS : Unfair dismissal - Appeal - Application for leave to appeal and appeal - Appellant dismissed for misconduct involving harassment of fellow employee - Dismissal found not to be harsh, unreasonable or unjust at first instance - Whether error of fact or law - Whether Commissioner properly exercised her discretion - Credibility of witnesses - Conflict of evidence - Whether appellant accorded procedural fairness - Whether reason given for dismissal - Whether Commissioner took into account appellant's personal and economic situation in finding dismissal not harsh - Whether reinstatement or re-employment impracticable - Leave to appeal granted - Appeal upheld - Orders that appellant be re-employed on condition LEGISLATION CITED : Industrial Relations Act 1996 Burge v NSW BHP Steel Pty Ltd (2001) 105 IR 325 Devries v Australian National Railways Commission (1993) 177 CLR 472 CASES CITED : Humphries v Cootamundra Ex-Services and Citizens Memorial Club Limited [2003] NSWIRComm 211 Franklins Ltd v Webb (1996) 72 IR 257 Outboard World Pty Ltd t/a Budget Waste Control (Sydney) v Muir (1993) 51 IR 167 Wilson v Department of Education and Training (2000) 100 IR 1 HEARING DATES: 11/24/2004 DATE OF JUDGMENT: 12/08/2004