PSA o-b Glover v Livestock Health and Pest Authorities Division of the NSW Government Service. [2010] NSWIRComm 1003

Industrial Relations Commission of New South Wales

CITATION: PSA o-b Glover v Livestock Health and Pest Authorities Division of the NSW Government Service. [2010] NSWIRComm 1003

APPLICANT; PARTIES: PSA o/b Mr Andrew Glover RESPONDENT Livestock Health and Pest Authorities Division of the NSW Government Service.

FILE NUMBER(S): 1270 of 2009

CORAM: Ritchie C

Termination of employment Claim for unfair dismissal Applicant worked as a ranger Applicant long term employee terminated without notice Applicant supplied a greyhound trainer with dead rabbits which he had shot at night. Subordinate required to deliver rabbits within working hours.No time made up. CATCHWORDS: Applicant Received $5 per rabbit Respondent had alleged that applicant had used respondent's resources to carry out the storing freezing and delivery of the rabbits directing a subordinate to do the delivery without the approval of the employer. Commission found that the applicant had used employer's resources to store, freeze and deliver the rabbits. Applicant fully aware of the procedure of delivery done within ordinary hours. Manager aware of the storage,freezing and delivery of the rabbits in early 2007 but did nothing to stop it. Commission found that this manager condoned the applicant's action. Commission ordered reinstatement but no backpay.

LEGISLATION CITED: Industrial Relations Act 1996