Australian Services Union of NSW (on behalf of Maria Anne McNuff and David Patterson) v St Vincent De Paul Society [2007] NSWIRComm 1044

Industrial Relations Commission of New South Wales

CITATION: Australian Services Union of NSW (on behalf of Maria Anne McNuff and David Patterson) v St Vincent De Paul Society [2007] NSWIRComm 1044

APPLICANTS Australian Services Union of NSW Australian Services Union of NSW (on behalf of Maria Anne McNuff) PARTIES: Australian Services Union of NSW (on behalf of David Patterson)

RESPONDENT St Vincent De Paul Society

FILE NUMBER(S): 403, 417 and 434 of 2007

CORAM: McLeay C

CATCHWORDS: Unfair dismissals - dispute - whether Social and Community Services Employees (State) Award applies - Learning Facilitation Officers - whether terms of Policy and Procedure Manual apply - concerns about manager raised - requirement to put grievance in writing - requirement not reasonable - allegations of misconduct - allegations unfounded - no investigation - respondent conceded award applied - Recommendations of Commission ignored - lack of natural justice - no valid reason for dismissals - dismissals both harsh, unjust and unreasonable - consideration of remedy - whether employment relationship can be maintained - orders made - applicants reinstated

LEGISLATION CITED: Industrial Relations Act 1996

Re Dispute - Dismissal of Union Delegates at Homebush Abattoir [1966] 66 AR 371 Perkins v Grace Worldwide (Aust) Pty Ltd (1997) 72 IR 186 CASES CITED: Hollingsworth v Commissioner of Police No 2 (1999) 88 IR 282 Oswald v New South Wales Police Service (1999) 90 IR 42 Little v Commissioner of Police No 2 (2002) 112 IR 212 NSW Public Service Professional Officers Association v Forestry Commission (NSW) [1990] 39 IR 46