NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Walton v Blacktown Council [2009] NSWIRComm 1022
APPLICANT PARTIES: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union on behalf of William Walton RESPONDENT Blacktown City Council
FILE NUMBER(S): 637 of 2009
CORAM: Cambridge C
CATCHWORDS: Unfair dismissal - termination of employment - summary dismissal - evidentiary onus to justify summary dismissal - finding of serious and wilful misconduct based on perception of corrupt conduct - substantive basis for dismissal flawed - token corrupt conduct - punishment of dismissal disproportionate to misconduct - procedural errors - employee denied opportunity to plead case face to face with decision maker - dismissal harsh, unreasonable and unjust - reinstatement ordered.
LEGISLATION CITED: Industrial Relations Act 1996 [NSW]
HEARING DATES: 5, 14 and 15 May 2009
DATE OF JUDGMENT: 15 May 2009
EXTEMPORE JUDGMENT DATE : 15 May 2009
APPLICANT Mr M Barnes, solicitor with Ms M Wilson from New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union LEGAL REPRESENTATIVES: RESPONDENT Mr M Paul, solicitor from Bartier Perry with Mr D Reynolds from Blacktown Council
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
COMMISSIONER CAMBRIDGE
15 May 2009
Matter No IRC 637 of 2009
William Walton -v- Blacktown City Council
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