NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Ferrett v Department of Ageing, Disability and Home Care [2006] NSWIRComm 177
APPLICANT PARTIES: William John Ferrett RESPONDENT NSW Department of Ageing, Disability and Home Care
FILE NUMBER(S): IRC 558 of 2006
CORAM: Harrison DP
CATCHWORDS: Application for relief from unfair dismissal - alleged assault by nurse upon client - allegation of false report. Held - allegations not proven - no basis for termination of employment - reinstatement ordered - payment of wages lost and continuity of employment preserved - recommendation to improve supervision of reporting process and attention to staff.
Industrial Relations Act 1996 LEGISLATION CITED: Public Sector Management Act 2003 Privacy Act 2001
Industrial Relations Bureau v Knox Auto Parts & Accessories Pty Ltd [1982] 1 IR 314 CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd and others (1992) 110 ALR 449 Fitton v Department of Ageing Disability & Home Care [2005] NSWIRComm 1199
HEARING DATES: 15/5/06, 17/5/06, 18/5/06
DATE OF JUDGMENT: 06/09/2006
APPLICANT Counsel Mr A Rogers
Solicitor LEGAL REPRESENTATIVES: Mr S Tipple Brennan Tipple Partners
RESPONDENT Mr I Taylor NSW Businesslink
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