David Kotevski v South Eastern Sydney and Illawarra Area Health Service [2010] NSWIRComm 1066

Industrial Relations Commission of New South Wales

CITATION: David Kotevski v South Eastern Sydney and Illawarra Area Health Service [2010] NSWIRComm 1066

APPLICANT David Kotevski PARTIES: RESPONDENT South Eastern Sydney and Illawarra Area Health Service

FILE NUMBER(S): 805 of 2010

CORAM: Macdonald C

CATCHWORDS: Unfair dismissal - Applicant employed as security officer at St George Hospital - incident on night shift of 2 to 3 November 2009 - applicant observed by another security officer to be placing his issued baton on top of high cabinet and not otherwise observable - baton reported missing - search - applicant advised he had no knowledge of its whereabouts - baton located by night shift security officer who said he saw applicant place baton there - applicant denied allegation - investigation by outside body - applicant lodged complaint about another issue - investigation into that complaint not substantiated - investigation into baton issue results in applicant's dismissal - reinstatement application - Hearing - HELD: Applicant issued with a baton - Applicant placed baton on top of filing cabinet - Weapons Prohibition Act 1998 - Policy Directive PD110 - Applicant not unfairly dismissed - Commission declines to intervene in decision to dismiss applicant - Applicant's complaint about another issue has merit.

LEGISLATION CITED: Industrial Relations Act 1996 Weapons Prohibition Act 1998

HEARING DATES: 15/11/10; 16/11/10; and 17/11/10

DATE OF JUDGMENT: 14 December 2010

APPLICANT Mr D Lipman Union Official Health Services Union - East LEGAL REPRESENTATIVES: RESPONDENT Ms G Gowland Solicitor Bartier Perry