Wheelahan v North Coast Area Health Service [2008] NSWIRComm 164

Industrial Court of New South Wales

CITATION: Wheelahan v North Coast Area Health Service [2008] NSWIRComm 164

APPLICANT: John Wheelahan PARTIES: RESPONDENT: North Coast Area Health Service

FILE NUMBER(S): IRC 3147 of 2005

CORAM: Boland J President

CATCHWORDS: Unfair contract - application for relief by medical practitioner against area health service - Death of two patients - Whether contract permitted the respondent to engage in conduct, or failed to prevent the respondent from engaging in conduct, so that because of that conduct, or "the manner in which it worked out and operated between the parties to it" the contract was rendered unfair - Practitioner's clinical competence subjected to review - Unreasonable delay in review being carried out - Procedural unfairness in committee proceedings that recommended limits on practitioner's clinical privileges - Respondent imposed on the applicant in connection with the restriction of his clinical privileges a requirement to regain his clinical privileges that was not reasonably capable of being carried out and in respect of which the respondent did not provide reasonable assistance in any timely manner - Contract held to be unfair - Compensation - Relevant considerations in determining compensation - Psychiatric illness - Whether there was a direct relationship between the applicant's medical condition and the unreasonable and unfair treatment and conduct of the respondent that led to the contract being unfair - Held that there should be a separate amount paid by the respondent for the applicant's stress and suffering.

LEGISLATION CITED: Health Services Act 1997 ss 10, 17 Industrial Relations Act 1996 ss 105, 106, 106(1), 106(2)