Andrew Habony and The Presiding Officers, Parliament of New South Wales [2008] NSWIRComm 1075

Industrial Relations Commission of New South Wales

CITATION: Andrew Habony and The Presiding Officers, Parliament of New South Wales [2008] NSWIRComm 1075

APPLICANT Andrew Habony PARTIES: RESPONDENT The Presiding Officers, Parliament of NSW

FILE NUMBER(S): 227 of 2008

CORAM: Murphy C

State Parliament House leading hand security officer found by independent investigator to have not responded to radio calls from colleague when intruders entered premises via Hospital Road fire door left unlocked at around 4.42am on 28 October, 2008. Alarms turned off not long before shift - building unsecured. Applicant found to have breached respondent's patrolling policies by being in sedentary position for approximately two hours in members lounge/bar. Colleague in control room sighted intruders on CCT monitor and attempted to raise Mr Habony by two-way radio without success, despite many attempts over half hour period. Police and manager/supervisor contacted by control room officer and attended separately. Mr Habony finally contacted by mobile phone. Attempt by Mr Habony in cross-examination to resile from previous admission to enquiry of watching television for that time not accepted. Applicant's failure to respond to questions from supervisor upon arrival as to whereabouts counted against him. Shift of onus and standard of proof discharged by respondent. CATCHWORDS: Applicant's credibility found to be wanting, whilst respondent witnesses credible. Applicant's behaviour found to be a repudiation of essential duties and character of contract and loss of trust deserving of termination. Respondent had proper regard to all aspects, including lengthy service of Mr Habony. Application dismissed.