NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: El-Khatib and Sydney South West Area Health Service [2006] NSWIRComm 1135
APPLICANT Salah El-Khatib PARTIES: RESPONDENT Sydney South West Area Health Service
FILE NUMBER(S): 3431 of 2005
CORAM: Patterson C
CATCHWORDS: Alleged unfair dismissal due to "irretrievable breakdown in employment relationship" - applicant had been transferred early in his employment due to performance issues - objections, complaints, positions made redundant - originally declared a "displaced" employee - refused new job offers at lower grade(s) due to "deskilling". Held: applicant not "performance managed" according to respondent's own policies - respondent in breach of policy re "displaced" employees and also in breach of award re implications of "deskilling" - applicant should have been offered voluntary redundancy. Recommendation: That such offer be made - if not accepted respondent to pay compensation equivalent to 26 weeks pay
LEGISLATION CITED: Industrial Relations Act 1996
HEARING DATES: 20/03/06, 21/03/06, 22/03/06, 23/03/06, 30/06/06, 27/07/06
DATE OF JUDGMENT: 10/09/2006
APPLICANT Mr S Coleman of counsel Mr C Raheb, Solicitor LEGAL REPRESENTATIVES: Oxford Legal
RESPONDENT Mr G De Courcey, Solicitor Crown Solicitor's Office
DECISION:
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: PATTERSON C
9 October 2006
Matter No IRC 3431 of 2005
Salah El-Khatib and Sydney South West Area Health Services
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