Kaplan v Dept of Health Support Service. [2009] NSWIRComm 1088

Industrial Relations Commission of New South Wales

CITATION: Kaplan v Dept of Health Support Service. [2009] NSWIRComm 1088

APPLICANT PARTIES: Ms Perihan Kaplan RESPONDENT Director General of NSW Health Department, Health Support Services Division, Linen Services Parramatta Branch

FILE NUMBER(S): 2333 of 8

CORAM: Ritchie C

Claim for unfair dismissal, Applicant terminated for threat made against particular employee linked to previous aggression towards same employee. Respondent found three of five allegations substantiated. Applicant denied the three allegations. Respondent was to issue first and final warning. During a disciplinary meeting applicant allegedly made threat against same employee. Issue raised of whether meeting should have taken place due to delicate health of applicant.. Applicant at the time under medical care for stress, depression. CATCHWORDS: Issues of failure of respondent to follow discipline guidlines . Commission found that both parties wanted meeting to take place. Commission found that due to the health of the applicant meeting should not have occurred. Commission found that applicant not given opportunity to respond to threat prior to termination. Procedural fairness did not occur. Commission found that two of the allegations did take place. Commission found that threat was made by applicant during meeting but believed applicant was not in a fit state at the time . Commission found that termination harsh and found in favour of the applicant ordered reemployment, with backpay and a first and final warning with the applicant not to be reemployed at the same location as to where she was terminated.