New South Wales Nurses' Association (on behalf of Debbie Maree Rudder) and Booroongen Djugun Aboriginal Corporation [2006] NSWIRComm 1005

Industrial Relations Commission of New South Wales

CITATION: New South Wales Nurses' Association (on behalf of Debbie Maree Rudder) and Booroongen Djugun Aboriginal Corporation [2006] NSWIRComm 1005

APPLICANT New South Wales Nurses' Association (on behalf of Debbie Maree Rudder) PARTIES: RESPONDENT Booroongen Djugun Aboriginal Corporation

FILE NUMBER(S): 2821 of 2005

CORAM: McLeay C

CATCHWORDS: unfair dismissal - assistant in nursing - series of incidents and investigations - threats made against management team - serious nature of threats - serious and wilful misconduct - allegations proven to civil standard - dismissal not harsh, unreasonable or unjust - application dismissed

LEGISLATION CITED: Industrial Relations Act 1996

Pastrycooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No 3) (1990) 35 IR 71 Franklins Limited v Webb (1997) 72 IR 257 Wang v Crestell Industries Pty Ltd and Anor (1997) 73 IR 454 Shop, Distributive & Allied Employees' Association, NSW Branch v Jewel Food Stores (1987) 22 IR 1 The King v The War Pensions Entitlement Appeal Tribunal and Anor (1933) 50 CLR 228 CASES CITED: Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation (1983) 1 NSWLR 1 Jones v Dunkel and Others (1958-59) 101 CLR 298 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Sandra Gay) and Department of Corrective Services [2006] NSWIRComm 147 Antanakopoulos v State Bank of New South Wales 91 IR 385 Busways v Johnson (1994) 55 IR 255 Electricity Commission of New South Wales t/as Pacific Power v Nieass and Others (1995) 81 IR 46