NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Schokman v RTA [2010] NSWIRComm 1011
APPLICANT PARTIES: Public Service Association and Professional Officers Association Amalgamated Union of New South Wales on behalf of Carl Stanley Schokman RESPONDENT Roads and Traffic Authority of NSW
FILE NUMBER(S): 1394 of 2009
CORAM: Cambridge C
CATCHWORDS: Unfair dismissal - termination of employment - summary dismissal – misconduct -– inconsistent treatment in purported severity of misconduct – waiver to basis for summary dismissal - procedural errors - employee denied opportunity to plead case face to face with decision maker - punishment of dismissal disproportionate to misconduct – no proper consideration of mitigation factors - dismissal harsh, unreasonable and unjust - reinstatement ordered.
LEGISLATION CITED: Industrial Relations Act 1996 [NSW]
CASES CITED: Laws v. London Chronicle (Indicator Newspapers) Limited 1 WLR [1959] @ 698 Alexander v Commissioner of Police [2009] NSW IRC Com3, Boland J President
HEARING DATES: 11 December 2009, 28 January 2010
DATE OF JUDGMENT: 4 March 2010
APPLICANT Mr M Gibian, Barrister LEGAL REPRESENTATIVES: RESPONDENT Mr D Davies, Solicitor
DECISION:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
COMMISSIONER CAMBRIDGE
4 March 2010
Matter No IRC 1394 of 2009
Public Service Association and Professional Officers Association Amalgamated Union of New South Wales (on behalf of Carl Stanley Schokman) and Roads and Traffic Authority of NSW Division of NSW Government Service.
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