NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Casari v Sydney South West Area Health Service (No 2) [2008] NSWIRComm 240
APPLICANT: Carlos Casari PARTIES: RESPONDENT: Sydney South West Area Health Service
FILE NUMBER(S): IRC 1449 of 2007
CORAM: Schmidt J
CATCHWORDS: Unfair Dismissal - summary dismissal - misconduct - wardorderlie - emergency department of hospital - photograph taken of child - applicant's command of English - fairness of investigation process - whether the conduct which led to dismissal established - whether applicant established innocent motivation for his conduct - whether the decision to dismiss was unfair - not established - question of public interest - application dismissed
Children and Young Persons (Care and Protection) Act 1998 LEGISLATION CITED: Industrial Relations Act 1996 Summary Offences Act 1988
Byrne v Australian Airlines Limited (1995) 185 CLR 410 CASES CITED: Casari and Sydney South West Area Health Service [2007] NSWIRComm 249 Director of Public Employment by His Agent The Director-General of The Department Of Juvenile Justice and Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (On Behalf of Elvin Brian Brown) [2008] NSWIRComm 221 North v Television Corporation Limited (1976) 11 ALR 599
HEARING DATES: 11 November 2008, 12 November 2008
DATE OF JUDGMENT: 10 December 2008
APPLICANT: Mr AG Rogers of counsel SOLICITORS: Simone Legal LEGAL REPRESENTATIVES:
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