Ambulance Service of New South Wales and John Buchtmann [2006] NSWIRComm 221

Industrial Relations Commission of New South Wales

CITATION: Ambulance Service of New South Wales and John Buchtmann [2006] NSWIRComm 221

APPELLANT PARTIES: Ambulance Service of New South Wales RESPONDENT John Buchtmann

FILE NUMBER(S): 2520 of 2006

CORAM: Sams DP

Appeal - leave to appeal - stay of decision to reinstate former ambulance officer - ambulance officer dismissed for misconduct - allegation of assault - other allegations of working secondary employment without approval - findings on the evidence - requirement for substantive evidence - other evidence not considered - employee had not sought alternative employment - new evidence - onus on appellant - arguable case - public interest considerations - balance of convenience CATCHWORDS: Held, doubt as to whether findings open on the evidence - test of whether substantive evidence required - seriousness of allegations - serious public interest issues - further allegations of concern - arguable case made out - balance of convenience favours appellant - interests of justice - concession made as to back payment - stay order granted on conditions

LEGISLATION CITED: Industrial Relations Act 1996

Austin v NF Importers Pty Ltd & Anor (2005) 146 IR 113 Bellambi Bowling Recreation and Sports Club Ltd v Grammel (2001) 107 IR 104 Box Valley Pty Ltd v Price (2000) 97 IR 484 CASES CITED: Briginshaw v Briginshaw (1938) 60 CLR 336 Burgess and Others v Mount Thorley Operations Pty Limited [2002] 119 IR 52 John Buchtmann v Ambulance Service of New South Wales [2006] NSWIRComm 1052 Kelso Builders Supplies Pty Ltd and Wei Hua Huang [2004] NSWIRComm 388 NSW Department of Education and Training v NSW Teachers Federation (on behalf of Mossfield) [2006] NSWIRComm 210