Graham v. South Eastern Sydney and Illawarra Area Health Service [2010] NSWIRComm 1023

Industrial Relations Commission of New South Wales

CITATION: Graham v. South Eastern Sydney and Illawarra Area Health Service [2010] NSWIRComm 1023

APPLICANT John Graham PARTIES: RESPONDENT South Eastern Sydney and Illawarra Area Health Service

FILE NUMBER(S): IRC 1697 of 2009

CORAM: Connor C

CATCHWORDS: termination of employment - hospital employment - claim of unfair dismissal - misconduct - aggressive action in the workplace by two employees - security video inconclusive - one employee in the altercation dismissed - the other employee received a final warning - equality of treatment - dismissed employee reinstated

LEGISLATION CITED: Industrial Relations Act 1996

AWU-FIME Amalgamated Union v. Queensland Alumina Limited (1995) 62 IR 385 Bi Lo Pty Limited v. Hooper (1992) 53 IR 224 G J Coles and Company Limited v. Shop, Distributive and Allied Employees' Association of New South Wales (1983) 6 IR 42 Cooper v. BHP Steel (AIS) Pty Limited - unreported Electricity Commission (New South Wales) trading as Pacific Power v. Crump (1993) 48 IR 296 Federated Municipal and Shire Council Employees' Union of Australia v. Liverpool City Council (1988) 25 IR 246 CASES CITED: Hollingsworth v. Commissioner of Police No.2 (1999) 88 IR 282 Hutchinson v. BHP Steelworks - unreported Kumar v. Valuca Pty Limited [2001] NSWIRComm 63 Parker v. Capital Painters Pty Limited (1996) 68 IR 100 Printing and Kindred Industries Union v. John Fairfax and Sons Limited - unreported Rudder v. Booroogen Djugun Aboriginal Corporation [2007] NSWIRComm 89 Sydney Ferries Corporation v. Seamen's Union of Australia (2009) 186 IR 99