NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Griffith City Council v USU (on behalf of O'Hara) (No 2) [2006] NSWIRComm 302
APPELLANT: Griffith City Council PARTIES: RESPONDENT: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (on behalf of Shane O'Hara)
FILE NUMBER(S): IRC 2655 of 2006
CORAM: Wright J President; Walton J Vice-President; Staff J
CATCHWORDS: Application for leave to appeal and appeal - Unfair dismissal - Conviction for offence of driving over prescribed limit of alcohol - While driving employer vehicle - Misconduct - Conciliation - Matter settled - Utilitarian, punitive and rehabilitative elements - Settlement approved - Leave to appeal granted - Orders at first instance varied.
LEGISLATION CITED: Industrial Relations Act 1996 ss 84 89
Application by the Attorney General under Section 37 of the Crimes (Sentencing Procedure) Act for a Guideline Judgment Concerning the Offence of High Range Prescribed Concentration of Alcohol under Section 9(4) of the Road Transport (Safety and Traffic Management) Act 1999, Re (No 3 of 2002) (2006) 61 NSWLR 305 CASES CITED: Commissioner of Police v Dobbie [2006] NSWIR Comm 285 New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (on behalf of O'Hara) and Griffith City Council [2006] NSWIRComm 1102
HEARING DATES: 13/09/2006, 15/09/2006 EXTEMPORE JUDGMENT DATE: 09/15/2006
APPELLANT: Mr S Prince of counsel Solicitor: Ms E Wilson LEGAL REPRESENTATIVES: Maddocks Lawyers
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