NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Electrical Trades Union of Australia, NSW Branch and Energy Australia [2008] NSWIRComm 1128 This decision has been amended. Please see the end of the judgment for a list of the amendments.
Electrical Trades Union of Australia PARTIES: Energy Australia
FILE NUMBER(S): 972 of 2008
CORAM: Murphy C
CATCHWORDS: Union's delegate as electrical Installation Inspector found by employer to have bullied and harassed supervisors over issue of disconnection duties. Respondent issued third written warning and requirement to undergo anger management training and reviews. Union sought Commission's intervention to have warning requirements withdrawn. Evidence brought as to elaborate inquiry by company, inclusive of interviews with witnesses etc. Union's member/delegate found to be an unreliable witness and to have failed to give reasonable level of co-operation to employer's enquiry and to have engaged in bullying, harassing and uncompromising behaviour towards supervisors with insufficient justification, even allowing for challenging role as delegate and contentious issue involved. Intervention by Commission denied.
LEGISLATION CITED: Industrial Relations Act 1996
HEARING DATES: 20/10/08 21/10/08, 11/11/08
DATE OF JUDGMENT: 26 November 2008
EXTEMPORE JUDGMENT DATE : 11 November 2008
APPLICANT Ms A McKinnon, ETU LEGAL REPRESENTATIVES: RESPONDENT Mr B Cross of Counsel briefed by Deacons Lawyers
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
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