ASMOF (NSW) (on behalf of Dr Wojtulewicz) v Director General of NSW Health Service (Children's Hospital at Westmead) [2008] NSWIRComm 229

Industrial Relations Commission of New South Wales

CITATION: ASMOF (NSW) (on behalf of Dr Wojtulewicz) v Director General of NSW Health Service (Children's Hospital at Westmead) [2008] NSWIRComm 229

NOTIFIER/APPLICANT: Australian Salaried Medical Officers' Federation (New South Wales) on behalf of Dr Julian Wojtulewicz PARTIES: RESPONDENT: Director General of the New South Wales Health Service

FILE NUMBER(S): IRC 367 of 2007 and IRC 2123 of 2008

CORAM: Boland J President

UNFAIR DISMISSAL - Threatened dismissal - Notice of motion - Application that employee not be dismissed pending hearing and determination of unfair dismissal application - Tests to be applied - Prima facie case existed - Balance of convenience favoured applicant - Orders made CATCHWORDS: INDUSTRIAL DISPUTE - Threatened dismissal - Orders sought that employee not be dismissed pending hearing and determination of unfair dismissal application - Application for such orders in the alternative - In light of orders made in respect of unfair dismissal application no orders necessary under s 137(1)(c) of Industrial Relations Act 1996

LEGISLATION CITED: Industrial Relations Act 1996

Australian Broadcasting Commission v O'Neill (2006) 227 CLR 57; [2006] HCA 46 ASMOF on behalf of Elizabeth Benson and Western Sydney Area Health Service [2003] NSWIRComm 337 Australian Salaried Medical Officers' Federation (New South Wales) on behalf of Professor Bruce Hall and South Western Sydney Area Health Service [2003] NSWIRComm 8 Australian Salaried Medical Officers' Federation (New South Wales) (on behalf of Dhayanithi Sivathondan) and South Western Sydney Area Health Service [2002] NSWIRComm 98 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 CASES CITED: Castlemaine Tooheys Limited v The State of South Australia (1986) 161 CLR 148 Hill v Director-General of the Department of Education and Training (NSW) (1998) 85 IR 201 at 208 National Union of Workers, New South Wales Branch on behalf of Mr Arvin Tubungbanua and Express Data Pty Limited [2005] NSWIRComm 57 NWL Ltd v Woods [1979] IWLR 1294 Sydney Water Corporation v Australian Services Union (NSW and ACT Branch) (2005) 146 IR 388; [2005] NSWIRComm 305 Unions NSW v Carter Holt Harvey Wood Products Australia Pty Ltd (2006) 149 IR 361; [2006] NSWIRComm 2 Western Sydney Area Health Service v Australia Salaried Medical Officers' Federation (NSW) (2004) 138 IR 203; [2004] NSWIRComm 246