Phillip Brunt and Carlton and United Beverages Limited - Fosters People Limited [2007] NSWIRComm 17

Industrial Relations Commission of New South Wales

CITATION: Phillip Brunt and Carlton and United Beverages Limited - Fosters People Limited [2007] NSWIRComm 17

APPLICANT Phillip Brunt PARTIES: RESPONDENT United Beverages Limited / Fosters People Limited

FILE NUMBER(S): 175 of 2005

CORAM: Sams DP

Termination of employment - unfair dismissal - incident of misconduct - drinking alcohol at work and theft of company property - initial finding of unfairness - orders of reinstatement without occupational health and safety duties - leave to appeal and appeal - stay orders - appeal upheld as to relief ordered - findings of unfairness not disturbed - remittal for further hearing as to relief - discretion of Commission - whether positions available - restrictions on applicant - medical reports - whether reinstatement or re-employment impractical - trust and confidence in employment relationship - undertakings not to drink alcohol and undergo random breath tests - payment for lost remuneration - costs. CATCHWORDS: Held; reinstatement or re-employment primary remedy - respondent large employer with three metropolitan sites - applicant capable of performing wide range of duties - applicant's 18 years unblemished record - applicant's work performance not criticised - no evidence other employees cannot work with applicant - not appropriate to make orders as to undertakings on drinking and random breath tests - reinstatement impractical - re-employment ordered on terms no less favourable than would otherwise have applied before dismissal but on conditions - position may include occupational health and safety duties - continuity not broken - payment of part lost remuneration less other earnings - costs application by notice of motion.