Budlong and NCR Australia Pty Limited [2006] NSWIRComm 1075

Industrial Relations Commission of New South Wales

CITATION: Budlong and NCR Australia Pty Limited [2006] NSWIRComm 1075

APPLICANT Richard Edward Budlong PARTIES: RESPONDENT NCR Australia Pty Limited

FILE NUMBER(S): 3254 of 2005

CORAM: Murphy C

CATCHWORDS: Breach of employers Code of Conduct involving receipt of and storage for later retrieval a large quantity of pornography since 2000. Defences of only receiving and not sending (except once); being caught up in a culture involving numerous other officers and even line managers; conduct not going to route of contract; inequality of treatment, with others apparently not pursued; delay from discovery to termination; failure to put software in place to stop pornographic transmissions. Defences not accepted and caselaw of other instances distinguished from current circumstances where, inter alia, applicant conceded awareness of Code and certified as such and where other main offenders had left 14 months before with redundancy, yet applicant continued involvement. Application dismissed.

LEGISLATION CITED: Industrial Relations Act 1996

Elcom Vs Electrical Trades Union of Australia (1983) 5IR 267 North Vs Television Corporations Limited (1976) 11ALR 599 Federated Municipal and Shire Council Employees Union of Australia, NSW Division Vs Liverpool City Council (1988) 25 IR 246 at 249 Glynn J Pastrycooks, Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union, NSW Vs Gartrell White (No. 1) (1990) 35 IR 51 at 98 per Hungerford J Burrows Vs Commissioner for Police (2001) NSW IR Comm. 333 at 188 per Boland J Saric Vs Pacific Access (AIRC 9th January, 2003 REF PR 926488 Byrne and Frew Vs Australian Airlines Ltd (1995) 185 CLR 410 at 465 CASES CITED: Wells Vs Commissioner of Police 2000 (100 IR 106 at 119 Brookes Vs Watling (1995) 61 IR 163 IGA Distribution Pty Ltd Vs Moses (No.2) (2002) 114 IR 30 Orr Vs University of Tasmania (1956) TAS S.R 155 P Micallef Vs Holden Limited (No. 32791) 2001 (AIRC) Michael Harrington Vs Phillip Morris Limited AIRC PR915206 13/3/02 Williams Vs Centre Link AIRC 15.1.2004 PR924762 Agnew and Others Vs Nationwide News Limited (AIRC 11.2.03 Ref. PR 927597)