New South Wales Fire Brigade Employees' Union (on behalf of Natoli) and New South Wales Fire Brigades [2005] NSWIRComm 440

Industrial Relations Commission of New South Wales

CITATION: New South Wales Fire Brigade Employees' Union (on behalf of Natoli) and New South Wales Fire Brigades [2005] NSWIRComm 440

APPLICANT New South Wales Fire Brigade Employees' Union (on behalf of Joseph Natoli) PARTIES: RESPONDENT New South Wales Fire Brigades

FILE NUMBER(S): 3322 of 2005

CORAM: Sams DP

Termination of employment - summary dismissal of senior firefighter - unauthorised use of fire appliance - failure to seek permission of Station Officer to leave fire station - preliminary investigation results in suspension - role of other firefighters - culture at Maroubra Fire Station - applicant admits conduct - role of Station Officer - earlier incidents involving conflicting evidence - Fire Brigades' Regulation - requirement to record absences from fire station - requirement to record attendance of visitors to fire station - reason for unauthorised use of fire truck - performance of pump test on fire truck - unblemished 10 year record of employment - mitigating factors - anonymous complaint - role of the press and effect on the applicant - whether media interest influenced dismissal - investigation of conduct by senior officers - procedural fairness - whether dismissal harsh, unreasonable or unjust - reinstatement sought without loss of continuity and payment of lost remuneration - principles considered. CATCHWORDS: Held, applicant's evidence preferred - Station Officer's conduct relevant - culture at fire station explained applicant's conduct - lack of appropriate counselling - disproportionate treatment between officers - dismissal a disproportionate penalty to the conduct - unblemished service not properly considered - dismissal too harsh - dismissal substantively harsh, unreasonable and unjust - investigation thorough and exhaustive - applicant given opportunity to defend his conduct - respondent intent on suspending applicant before any inquiry - concern with Regulation governing suspension - applicant denied procedural fairness - applicant admitted conduct and was contrite - media interest impacted on dismissal - media interest affected applicant - reinstatement not impractical - applicant had not sought alternative employment - reinstatement ordered on terms - no loss of continuity - orders made.