Samaha and the Maronite Sisters of the Holy Family [2000] NSWIRComm 183

Industrial Relations Commission of New South Wales

CITATION : Samaha and the Maronite Sisters of the Holy Family [2000] NSWIRComm 183 APPLICANT PARTIES : New South Wales Nurses' Association, on behalf of Youseff Samaha RESPONDENT The Maronite Sisters of the Holy Family FILE NUMBER: 6598 of 1999 CORAM: Sams DP Termination of employment - serious misconduct - fighting in the workplace - whether dismissal harsh, unreasonable or unjust - principles considered. CATCHWORDS : Held, applicant not provoked - applicant did not act in self defence - applicant's version of events not accepted - applicant initiated altercation - applicant's length of service, record of employment and age taken into account - procedure not unfair - dismissal not unfair in all the circumstances - employer's onus discharged - application dismissed. LEGISLATION CITED : Industrial Relations Act 1996 Wang v Crestell Industries Pty Ltd, 73 IR 454 Briginshaw v Briginshaw (1938) 60 CLR 336 Department of Corrective Services and Public Service Association Amalgamated Union of New South Wales (re Gilmore) (unreported) Peterson J, Matter IRC 3890 of 1998, 20 October 1998 AWU-FIME Amalgamated Union v Queensland Alumina Limited, 62 IR 385 Yew v ACI, 72 IR 200 Foster v BHP [1997] SAIRC 45 Fearnley v Tenix Defence Systems (unreported) AIRC Print S3557 CASES CITED : CCH Australia Limited v Bowen, 79 IR 206 Perkins v Grace Worldwide (Aust) Pty Ltd, 72 IR 186 Department of Corrective Services v Public Service Association Amalgamated Union of New South Wales (unreported) Peterson J, Matter IRC3890 of 1998, 2 October 1998 Pastrycooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell White No 3, 35 IR 70 Hill and Department of Juvenile Justice (unreported) Sams DP, Matter IRC6474 of 1999, 27 July 2000 Ueckert and Australian Water Technologies Pty Ltd (unreported) Sams DP, Matter IRC5553 of 1999, 25 July 2000 Health and Research Association (NSW) v Wollongong Hospital, 29 IR 235 HEARING DATES: 05/17/2000; 05/18/2000; 06/06/2000 DATE OF JUDGMENT: 09/08/2000