Hogan v Police and Community Youth Clubs New South Wales Ltd [2010] NSWIRComm 23

Industrial Relations Commission of New South Wales

CITATION: Hogan v Police and Community Youth Clubs New South Wales Ltd [2010] NSWIRComm 23

PARTIES: Michael John Hogan (Applicant) Police and Community Youth Clubs New South Wales Ltd (Respondent)

FILE NUMBER(S): IRC 339 of 2009

CORAM: Staff J

UNLAWFUL DISMISSAL - Occupational Health and Safety Act 2000 - whether complaint made about a workplace safety matter - meaning of "complaint" - whether Occupational Health and Safety Act provides an unfettered right to reinstatement - held - complaint made to employer - substantial and operative cause for termination serious misconduct - applicant failed to establish unlawful termination - no unfettered power to reinstate - Occupational Health and Safety Act 2000 - s 23, s 23A CATCHWORDS: OCCUPATIONAL HEALTH AND SAFETY - unlawful dismissal - Occupational Health and Safety Act 2000 - whether complaint made about a workplace safety matter - meaning of "complaint" - whether Occupational Health and Safety Act provides an unfettered right to reinstatement - held - complaint made to employer - substantial and operative cause for termination serious misconduct - applicant failed to establish unlawful termination - no unfettered power to reinstate - Occupational Health and Safety Act 2000 - s 23, s 23A

Fair Work Act 2009 (C'th) Industrial Relations Act 1996 Industrial Relations Further Amendment Act 2006 LEGISLATION CITED: Judiciary Act 1903 Interpretation Act 1987 (NSW) Occupational Health and Safety Act 1983 Occupational Health and Safety Act 2000 Workplace Relations Amendment (Work Choices) Act 2005