Beacroft v Lismore City Council [2008] NSWIRComm 1053

Industrial Relations Commission of New South Wales

CITATION: Beacroft v Lismore City Council [2008] NSWIRComm 1053

APPLICANT PARTIES: New South Wales Local Government,Clerical, Administrative, Energy,Airlines&Utilities Union(on behalf of J. Beacroft) Respondent: Lismore City Council

FILE NUMBER(S): 100 of 2008

CORAM: Ritchie C

Unfair dismissal application Applicant long term employee working in local government proceeded on extended sick leave on mental grounds. Sick leave supported by medical evidence respondent sought independent medical advice. Applicant attended independent medical doctor Applicant provided medical advice from two doctors stating employee should no longer be working Independent medical advice stated a return to work would result in a deterioration in psychological state and not be successful. CATCHWORDS: Respondent sought applicant to participate in a workplace assessment for alternative position Applicant did not believe required to attend such assessment. Respondent therefore terminated without further notice due to failure to comply with assessment-misconduct Applicant argued nil procedural fairness medical evidence to hand showed applicant not fit to work for respondent. Commission found that procedural fairness not present. Commission found termination harsh,unjust and unreasonable. Ordered applicant to be reinstated,backpay using applicant's accrued sickleave, continuity of service maintained.