NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Carolyn Julie Smith v Walgett Shire Council [2010] NSWIRComm 1071
APPLICANT Carolyn Julie Smith PARTIES: RESPONDENT Walgett Shire Council
FILE NUMBER(S): 411 of 2010
CORAM: Macdonald C
CATCHWORDS: Unfair dismissal - Applicant employed as Agency Clerk - Applicant given two written warnings in September and December 2009 - Allegation by fellow employee against Applicant re inappropriate comments - respondent's investigation - Applicant's denial - Applicant dismissed - HEARING - onus on respondent - fellow employee's claim against Applicant not made out - Applicant challenged two written warnings on grounds of lack of procedural and substantive fairness - Commission upheld applicant's claim as to first warning only - HELD: Dismissal unjust - reinstatement and other appropriate orders made.
LEGISLATION CITED: Industrial Relations Act 1996 Anti Discrimination Act 1977
Briginshaw v Briginshaw (1938) 60 CLR 336 Jones v Dunkel (1959) 101 CLR 298 CASES CITED: Outboard World Pty Ltd t/as Budget Waste Control (Sydney) v Muir (1993) 51 IR 167 Paul Rapp v Wauchope RSL Club Ltd [1995] NSWIRComm 233 Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union v Gartrell White (No. 3) (1990) 35 IR 70 Wang v Crestwell Industries Pty Limited (1997) 73 IR 454
HEARING DATES: 04/11/10; 05/11/10
DATE OF JUDGMENT: 22 December 2010
APPLICANT Mr A Jacka Union Official USU LEGAL REPRESENTATIVES: RESPONDENT Mr N Wilson Solicitor Booth Brown Samuels & Olney
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate