Jason Cockayne v Hurstville City Council [2009] NSWIRComm 1013

Industrial Relations Commission of New South Wales

CITATION: Jason Cockayne v Hurstville City Council [2009] NSWIRComm 1013

APPLICANT: Jason Cockayne PARTIES: RESPONDENT; Hurstville City Council

FILE NUMBER(S): 1411 of 2008

CORAM: Bishop C

CATCHWORDS: UNFAIR DISMISSAL - serious misconduct - long serving council employee - unblemished work record - altercation with manager - allegations of intention to physically intimidate and and damage council property - admissions made and subsequently refuted - issues of understanding of allegations and what admissions made - conduct acknowledged inappropriate - reinstatement sought on basis termination too harsh - mitigating factors. HELD - serious misconduct - but penalty of dismissal too harsh - mitigating factors taken into account - nature of admissions made also questioned - some issue as to rigor of process followed - consideration of relevant principles- alternate penalties available under award imposed - reinstatement ordered but with conditions.

LEGISLATION CITED: Industrial Relations Act 1996 Occupational Health and Safety Act 2000

Alexander v Commissioner of Police [2009] NSWIRComm 3 Australian Workers' Union v Transfield Services (Australia) Pty Limited [2008] NSWIRComm 1120 Bankstown City Council v Paris (1999) 93 IR 209 Byrne & Frew v Australian Airlines (1995) 61 IR 32 CCH Australia Limited v Bowen (1998) 79 IR 217 Loty and Holloway v AWU [1971] AR (NSW) 95 Marshall v Sydney Water Corporation [2007] NSWIRComm 1035 CASES CITED: National Union of Workers, New South Wales Branch (on behalf of Khan) v Cuno Pacific Pty Ltd (2005) 146 IR 441 New South Wales Fire Brigade Employees (on behalf of Natoli) v New South Wales Fire Brigade [2005] NSWIRComm 440 New South Wales Nurses' Association (on behalf of Colin Prior) and South Eastern Sydney and Illawarra Area Health Service [2007] NSWIRComm 164 North v Television Corporation Ltd (1976) 11 ALR 599 Outboard World v Muir (1993) 51 IR 167 Perkins v Grace Worldwide (Aust) Pty Ltd (1997) 72 IR 186 Re Dispute - Dismissal of Union Delegates at Homebush Abattoir [1966] AR (NSW) 371 Sams v Contact Point International [2001] NSWIRComm 18 Western Suburbs District Ambulance Committee v Tipping (1957) AR NSW 273.