Pecotic v. A V Jennings Holdings Limited [2007] NSWIRComm 1001

Industrial Relations Commission of New South Wales

CITATION: Pecotic v. A V Jennings Holdings Limited [2007] NSWIRComm 1001

APPLICANT Elma Mary Pecotic PARTIES: RESPONDENT A V Jennings Holdings Limited

FILE NUMBER(S): 3501 of 2004

CORAM: Connor C

CATCHWORDS: termination of employment - misconduct - allegation of a threat of violence by employee - the spreading of unsubstantiated rumours in an office - allegations of bullying by a supervisor - complaint of harassment of employee by supervisor - policy for dealing with harassment and discrimination in the workplace - requirement that full details of a complaint of any harassment in the workplace be provided to the alleged offender - deterioration in working environment - psychological assessment of stressed employee by psychologist - the proper role for a psychologist in assisting in work related stress - counselling of employee - disciplinary interviews - reallocation of matter for arbitration - evidence - claim of privilege rejected - subpoenas on computer records - undertaking not to proceed in any other jurisdiction - restrictions on evidence in reply - the ethics of advocacy - requirement that a distressed witness be available for cross-examination - computer records and diary entries as corroborative evidence rejected as self-serving and open to challenge - the question of fairness in dismissal - procedural unfairness - lack of warnings of impending dismissal - disciplinary meeting of employee in a condition of stress - the appropriate remedy for an unfairly dismissed employee - implications for a dismissed employee from unnecessary delays in the proceedings - reinstatement or re-employment impracticable - application for reinstatement, re-employment or monetary compensation dismissed - conclusion that the dismissal of the employee was fair in the circumstances - application for costs by parties reserved