Jeanie Marie Parsons and Katungal Aboriginal Corporation Medical and Community Services [2009] NSWIRComm 1007

Industrial Relations Commission of New South Wales

CITATION: Jeanie Marie Parsons and Katungal Aboriginal Corporation Medical and Community Services [2009] NSWIRComm 1007

APPLICANT Jeanie Marie Parsons PARTIES: RESPONDENT Katungal Aboriginal Corporation Medical and Community Services

FILE NUMBER(S): 1781 of 2008

CORAM: Macdonald C

CATCHWORDS: Unfair dismissal - Applicant engaged as receptionist at Moruya clinic - Applicant called to a meeting with Chief Executive Officer - Applicant used company vehicle to attend meeting - Applicant left meeting upset - Applicant returned to Moruya clinic and then left clinic shortly thereafter - Applicant received dismissal letter by courier the next day - Unfair dismissal application filed - conciliation unsuccessful - Hearing in Moruya Court House - Respondent submitted Applicant had resigned or abandoned her employment following the meeting with Chief Executive Officer - Respondent claimed that dismissal letter authored by Chief Executive Officer was incorrectly drafted by him - Respondent raised other issues concerning Applicant to support a dismissal or a cause for the dismissal of the Applicant if the Commission found that the Applicant had not resigned or abandoned her employment - onus on Respondent for submission that summary dismissal warranted where Applicant allegedly failed to obey a lawful direction - HELD: Applicant did not resign or abandon her employment - Allegation that Applicant failed to obey a lawful direction not made out - Other issues from Applicant's employment history relied upon by Respondent to support a cause for dismissal not made out by the Respondent - Reinstatement ordered - mitigation considered.