Stevenson v Mid Western Regional Council [2009] NSWIRComm 1086

Industrial Relations Commission of New South Wales

CITATION: Stevenson v Mid Western Regional Council [2009] NSWIRComm 1086

APPLICANT PARTIES: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (the USU), (on behalf of Michael Allan Stevenson) RESPONDENT Mid Western Regional Council

FILE NUMBER(S): 121 of 2009

CORAM: Cambridge C

CATCHWORDS: Unfair dismissal - termination of employment - misconduct - final written warning - further misconduct - valid substantive basis established - employment record considered - proper process followed - dismissal assessed in context - application dismissed.

Industrial Relations Act 1996 LEGISLATION CITED: Road Transport (Safety and Traffic Management) Act 1999 Road Transport (Driver Licensing) Regulation 2008

CASES CITED: Alexander v Commissioner of Police [2009] NSWIRComm 3, Boland J President.

HEARING DATES: 28, 29 July, 18 Sept 2009

DATE OF JUDGMENT: 17 November 2009

APPLICANT Mr A Jacka from the USU. LEGAL REPRESENTATIVES: RESPONDENT Mr J McConnell from the Local Government Association of New South Wales.

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

COMMISSIONER CAMBRIDGE

17 November 2009

Matter No IRC 121 of 2009

New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (on behalf of Michael Allan Stevenson) and Mid Western Regional Council.

Application by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union on behalf of its member Michael Allan Stevenson re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.