Health Services Union (on behalf of Christopher McQueeney) and Ambulance Service of New South Wales. [2007] NSWIRComm 1027

Industrial Relations Commission of New South Wales

CITATION: Health Services Union (on behalf of Christopher McQueeney) and Ambulance Service of New South Wales. [2007] NSWIRComm 1027

APPLICANT PARTIES: Christopher McQueeney RESPONDENT Ambulance Service of New South Wales

FILE NUMBER(S): 3117 of 2006

CORAM: Murphy C

Unfair dismissal application in respect to 7 charges of misconduct and additional matters highlighted during proceedings. 5 charges related to absenteeism from Wollongong Ambulance Station to attend secondary employment as a registered nurse with the Illawarra Area Health Service. Previous formal reprimand also taken into account. Shift of onus of proof relied upon by applicant and caselaw precedents as to measure of proof traversed by Counsel. Applicant's credibility exposed on several counts. CATCHWORDS: Applicant found to have been absent as charged. Applicant's failure to co-operate in investigation process was detrimental to his credit and his standing as trustworthy employee. Found also that applicant breached regulation requiring report of Criminal charges but also more serious supplementary allegation of concocting a false copy of an e-mail he claimed to have sent advising of charge, taking into account expert evidence and credibility issues. In addition, further expert evidence showed applicant to have taken possession of Morphine Register whilst claiming employer refused to have regard to same for proof of presence at Ambulance Station at times he was alleged to be absent at secondary employment. Range of adverse evidentiary findings showed applicant as unreliable witness and to have been disingenuous when given opportunity to answer allegations. Application dismissed.