Allan John Veney and New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union. [2007] NSWIRComm 1047

Industrial Relations Commission of New South Wales

CITATION: Allan John Veney and New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union. [2007] NSWIRComm 1047

APPLICANT PARTIES: Allan John Veney RESPONDENT New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union

FILE NUMBER(S): 3135 of 2006

CORAM: Murphy C

Applicant union organiser with 18 years service dismissed for continued acts of defiance, involving challenge to assessment process and alleged general attitude and behaviour. Denial of alleged behaviour and legitimacy of 3 written warnings. Apologies offered on basis of upsetting persons but denial of alleged behaviour causing same. Applicant suspended for recalcitrant attitude and behaviour following meeting to investigate complaint of not visiting council delegates following reallocation of councils to him. Recommendation by then General Secretary to union Executive to dismiss him covered range of issues, challenged by applicant's counsel, inter alia, as out of date and incorrect. CATCHWORDS: Counsel for applicant also challenged failure of Executive to grant delay to allow applicant to obtain legal advice and for Threatened Dismissal application to go before Commission - denial of prospect of injunctive relief. Held: Applicant shown by weight of evidence to have displayed belligerent behaviour during all counselling sessions in August, 2006 and at meeting leading to suspension. Suspension at 13th September, 2006 meeting re complaint of not visiting delegates found to be procedurally unfair given complete lack of notice as to nature of meeting, but applicant found to have provoked suspension due to repeat of defiant attitude and behaviour. Held: Dismissal by Executive on 18th September, 2006 not procedurally flawed for reasons claimed by applicant's counsel, but lack of procedural fairness on 13th September likely carried over into harsh, unjust and unreasonable dismissal. Held: Applicant's provocative behaviour at 13th September meeting, followed by failure to attend Executive meeting as provided for at applicant's request were matters affecting remedy. Held: Primary remedy of reinstatement to be withheld due to impracticality of restoring relationship due to failure to recognise fault, ominous comments to new General Secretary and comments and behaviour inconsistent with need for future management and observance of union policy.