NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: John Buchtmann v Ambulance Service of New South Wales [2006] NSWIRComm 1052
APPLICANT PARTIES: John Butchmann RESPONDENT Ambulance Service of New South Wales
FILE NUMBER(S): 7122 of 2004
CORAM: Macdonald C
CATCHWORDS: Unfair dismissal - nine charges/findings against Applicant - one charge being an assault against another ambulance officer - Applicant denied assault - witnesses gave conflicting evidence as to whether there was an assault - Briginshaw standard of proof - Onus on Respondent - Onus not satisfied - reinstatement ordered.
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 Outboard World Pty Ltd (t/as Budget Waste Control (Sydney) v Muir (1993) 51 IR 167
HEARING DATES: 11/10/05, 14/10/05, 30/1/06 & 31/1/06
DATE OF JUDGMENT: 05/31/2006
APPLICANT Mr J Murphy (barrister) LEGAL REPRESENTATIVES: Mr B Morgan (union official)
RESPONDENT Ms E Brus (barrister)
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: MACDONALD C
31 May 2006
Matter No IRC 7122 of 2004
Health Services Union (on behalf of John William Buchtmann) and the Ambulance Service of New South Wales
Application by Health Services Union on behalf of its member John William Buchtmann re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
D E C I S I O N
[2006] NSWIRComm 1052
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