NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Graham v. South Eastern Sydney and Illawarra Area Health Service [2010] NSWIRComm 1048
APPLICANT John Graham PARTIES: RESPONDENT South Eastern Sydney and Illawarra Area Health Service
FILE NUMBER(S): IRC 1697 of 2009
CORAM: Connor C
CATCHWORDS: termination of employment - hospital - claim of unfair dismissal - employee reinstated in employment - application for costs - application granted
LEGISLATION CITED: Industrial Relations Act 1996
Bankstown City Council v. Paris (1999) 93 IR 209 CASES CITED: Calderbank v. Calderbank (1975) 3 All ER 333 Phillips v. Industrial Relations Commission of New South Wales (2006) 154 IR 96 Wehner v. Chakra Holdings Pty Limited - unreported
HEARING DATES: 02/09/2010
DATE OF JUDGMENT: 9 September 2010
APPLICANT Bernard O'Donnell K P O'Donnell and Associates LEGAL REPRESENTATIVES:
RESPONDENT Mark Sullivan Landers and Rogers
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: CONNOR C
Thursday, 9 September, 2010
Matter No IRC 1697 of 2009
John Graham and the South Eastern Sydney and Illawarra Area Health Service
Application under S.84 of the Industrial Relations Act, 1996
SUPPLEMENTARY DECISION
[2010] NSWIRComm 1048
1 On Friday, 9 July, 2010 I handed down my decision on an application by Mr John Graham made under Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act. Mr Graham had been employed by the South Eastern Sydney and Illawarra Area Health Service as a health and security assistant at the Coledale Hospital. His services were terminated after 32 years of employment at the hospital effective from Tuesday, 13 October, 2009 following an altercation he had on Friday, 3 July, 2009 with Mr Greg McEwen, a gardener and maintenance officer employed at the hospital. Mr McEwen was not dismissed following the incident involving him with Mr Graham, although Mr McEwen did receive a formal warning.
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