NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Leonila Pilli and DG NSW Dept. of Health SESIAHS [2010] NSWIRComm 1050
APPLICANT Leonila Pilli PARTIES: RESPONDENT The Director General, NSW Department of Health in respect of the NSW Health Service (South Eastern Sydney and Illawarra Area Health Service)
FILE NUMBER(S): 1570 of 2009
CORAM: Tabbaa C
CATCHWORDS: Unfair dismissal; Procedural unfairness; No reason provided for dismissal; excessive approved sick leave, sick leave within entitlement range; Poor sick leave record; bullying/harassment by fellow workers; failure to provide authority to speak to treating doctor.
Industrial Relations Act 1996 LEGISLATION CITED: Health Employees' Administrative Staff (State) Award Health Employees' Conditions of Employment (State) Award
CFMEU v Northern Sydney Area Health Service Asset Services Group [2004] NSWIRComm 251 Finch v Sayers (1976) 2 NSWL R540 CASES CITED: Hilton Hotels of Australia Ltd v Pasovska (2003) 122 IR 428 New South Wales Nurses' Association on behalf of Debbie Rudder v Booroongen Djugun Aboriginal Corporation [2007] NSWIRComm 89 Duggan v BlueScope Steel (AIS) Pty Limited 89 [2005] NSWIRComm 1155
HEARING DATES: 08.04.2010 09.04.2010
DATE OF JUDGMENT: 17 September 2010
APPLICANT Mr D O'Sullivan - Counsel Instructing Solicitors: Turner Freeman, Lawyers LEGAL REPRESENTATIVES: RESPONDENT Ms S Price Solicitor Bartier Perry Pty Ltd
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