NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Zonneveld v. South Eastern Sydney and Illawarra Area Health Service [2010] NSWIRComm 1002 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT Joris Zonneveld PARTIES: RESPONDENT South Eastern Sydney and Illawarra Area Health Service
FILE NUMBER(S): IRC 1409 of 2008
CORAM: Connor C
CATCHWORDS: termination of employment - nursing service - claim of unfair dismissal - allegation of improper conduct with an aged female patient in care - criminal proceedings not pursued against applicant - standard of evidentiary proof of allegations - principles for considering whether or not dismissal was unfair - practicability of reinstatement considered - reinstatement of employee ordered - level of remuneration for loss of earnings considered
Evidence Act 1995 LEGISLATION CITED: Health Services Act 1997 Industrial Relations Act 1996 Nurses and Midwives Act 1995
Australian Workers Union v. Colgate Palmolive Pty Limited (1988) 27 IR 420 Bi Lo Pty Limited v. Hooper (1992) 53 IR 224 Briginshaw v. Briginshaw (1938) 60 CLR 336 Burge v. BHP Steel Pty Limited (2001) 105 IR 325 Busways v. Johnson (1994) 55 IR 255 D and R Commercial Pty Limited v. Flood (2002) 113 IR 344 Electricity Commission (New South Wales) t/a Pacific Power v. Crump (1993) 48 IR 296 Hollington v. Hewthorn (1943) KB 587 Jones v. Dunkel (1959) 101 CLR 298 Re Loty and Holloway and the Australian Workers Union (1971) AR 95 CASES CITED: M v. M (1988) 63 ALJR 108 Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union v. Gartrell White (No.3) (1990) 35 IR 70 PDS Rural Products Limited v. Corthorn (1987) 19 IR 153 Plummer v. Stannard Brothers Launch Service (2005) 145 IR 111 Quintano v. B W Rose Pty Limited (2008) 186 A Crim R 448 Rudder v. Booroongen Djugun Aboriginal Corporation [2007] NSWIRComm 89 Subramaniam v. Public Prosecutor (1956) 1 WLR 965 Sydney Ferries Corporation v. Seamen's Union of Australia (2009) 186 IR 99 Van Huissted v. Commissioner of Police (2000) 98 IR 57 Wang v. Crestell Industries Pty Limited (1997) 73 IR 545 Zonneveld v. South Eastern Sydney and Illawarra Area Health Service [2008] NSWIRComm 1119
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