NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Bull &City of Botany Bay [2008] NSWIRComm 1041
APPLICANT: PARTIES: Mr Raymond Bull RESPONDENT City of Botany Bay
FILE NUMBER(S): 2216 of 2007
CORAM: Ritchie C
Claim for unfair dismissal Applicant employed to work in Mayors office to carry out administration and driving duties. Issue arose over the working of overtime in conjunction with driving for the mayor at night. Applicant agreed to work overtime on a Friday and Sunday night but went sick on Saturday and did not work the Sunday night. The following Monday his doctor provided a workcover certificate putting him off work for over one month. CATCHWORDS: That Monday he was required to see the Manager-Human Resources who terminated him for misconduct in that the applicant had broken his word and not worked the Sunday overtime and for the unauthorised use of the vehicle in going home for lunch. Commission found that termination for the stated reasons was harsh,unjust and unreasonable. Applicant sought re employment or compensation. Commission found unable to consider re employment as no evidence of available or suitability of another position provided to Commission. Applicant had been receiving compensation payments(from previous employer) post his termination. Commission awarded compensation taking the workers compensation payments into account.
LEGISLATION CITED: Industrial Relations Act 1996
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