Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch (on behalf of Malfitano) v BlueScope Steel (AIS) Pty Ltd [2007] NSWIRComm 127

Industrial Relations Commission of New South Wales

CITATION: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch (on behalf of Malfitano) v BlueScope Steel (AIS) Pty Ltd [2007] NSWIRComm 127

APPLICANT: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (on behalf of its member Anthony Stephen Malfitano) PARTIES: RESPONDENT: BlueScope Steel (AIS) Pty Ltd

FILE NUMBER(S): IRC 208 of 2007

CORAM: Walton J Vice-President; Sams DP; Grayson DP

Unfair dismissal - Appeal - Leave to appeal - Applicant dismissed for misconduct - Manifestation of misconduct involved allegation of lowering oxygen lance into furnace containing molten steel - Denial of allegation by appellant - Whether respondent entitled to rely on further allegation of failure to detect and discontinue oxygenation process - Whether appellant had notice of further allegation - Whether notice received in closing written submissions -Denial of procedural fairness - Whether finding made at first instance as to lowering of oxygen lance CATCHWORDS: Held - Finding re procedural unfairness - Leave granted - Finding made at first instance as to lowering of oxygen lance by appellant - Finding fatal to appeal - Leave to appeal granted - Appeal dismissed

LEGISLATION CITED: Industrial Relations Act 1996

AFMEPKIU (on behalf of Anthony Malfitano) v BlueScope Steel Pty Ltd [2006] NSWIRComm 1129 CASES CITED: D&R Commercial Pty Ltd v Flood (2002) 113 IR 344 Hosemans v Commissioner of Police (No 4) (2005) 150 IR 263