Notification under s. 130 by NSW LGC, Admin, EAU Union of a dispute with Warrumbungle Shire Council and another re alleged ongoing bullying and discrimination [2010] NSWIRComm 131

Industrial Relations Commission of New South Wales

CITATION: Notification under s. 130 by NSW LGC, Admin, EAU Union of a dispute with Warrumbungle Shire Council and another re alleged ongoing bullying and discrimination [2010] NSWIRComm 131

New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union PARTIES: Warrumbungle Shire Council Local Government & Shires Association of New South Wales

FILE NUMBER(S): IRC 1421 of 2009

CORAM: Harrison DP

CATCHWORDS: Notif. of a disp-alleg. of victimis, bullyg, harass.&rac. dis.- wage inc. denied on basis of failing to meet competency assessment - challenge to mngmnt con. allegedly based on racial grounds - payment sought. Held no evidence to support all alleg.finding of fault against mngmnt not made out - remedy refused.

LEGISLATION CITED: Anti-Discrimination Act 1977 Industrial Relations Act 1996

HEARING DATES: 23 August 2010, 9 September 2010

DATE OF JUDGMENT: 24 September 2010

EXTEMPORE JUDGMENT DATE: 9 September 2010

Mr P Collins (Applicant) New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union LEGAL REPRESENTATIVES: Ms M O'Neill (Respondent) Local Government & Shires Association of New South Wales

JUDGMENT:

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INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Friday, 24 September 2010

Matter No IRC 1421 of 2009

Notification under section 130 by New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union of a dispute with Warrumbungle Shire Council and another re alleged ongoing bullying and discrimination