Seamans' Union of Australia (on behalf of Graham Levy) v Sydney Ferries Corporation [2009] NSWIRComm 8

Industrial Relations Commission of New South Wales

CITATION: Seamans' Union of Australia (on behalf of Graham Levy) v Sydney Ferries Corporation [2009] NSWIRComm 8

PARTIES: Seaman's Union of Australia, NSW Branch Sydney Ferries Corporation

FILE NUMBER(S): 1300 of 2008

CORAM: Grayson DP

Industrial dispute - Unfair dismissal - Allegations of misconduct - Applicant alleged to have abused and spat upon supervisor - Applicant alleged to have caused loss of revenue to employer - Applicant alleged to have endangered or caused risk of physical harm to persons on board Manly Ferry - Onus of proof - Reliance upon CCTV footage CATCHWORDS: Held - Certain allegations of misconduct made out - Others not - Applicant not personally liable as union delegate for industrial action taken at direction of union executive - Dismissal harsh - Reinstatement not impracticable - Reinstatement ordered

LEGISLATION CITED: Industrial Relations Act 1996

Barrett v Crown Street Women's Hospital [1947] AR (NSW) 565 Bigg v NSW Police Service [1998] 80 IR 434 Briginshaw v Briginshaw [1938] 60 CLR 336 Hornsby Shire Council v Hunt [2002] NSWIRComm158 North v Television Corporation Ltd [1976] 11 AR 599 CASES CITED: Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union v Gartrell White (No 3) [1990] 35 IR 70 Re Homebush Abattoir [1966] AR (NSW) 386 Wallace v Deering Auto Electrics [1985] 12 IR 34 Wang v Crestell Industries Pty Ltd [1997] 73 IR 454 WD & HO Wills (Australia) Ltd v Jamieson [1957] AR (NSW) 547 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273