NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Australian Workers' Union, New South Wales (o-b Zoran Angelkovski) and BlueScope Steel (AIS) Pty Limited [2007] NSWIRComm 1010
APPLICANT PARTIES: Australian Workers' Union, New South Wales (o/b Zoran Angelkovski) RESPONDENT BlueScope Steel (AIS) Pty Limited
FILE NUMBER(S): 2930 of 2006
CORAM: Macdonald C
CATCHWORDS: Unfair dismissal application - summary dismissal - workplace incident - Applicant denied responsibility for incident - Applicant spoke in Macedonian language to another crane driver who then said to the enquiring supervisor he thought he was responsible for incident - drug and alcohol test for crane driver who took responsibility - Applicant thus avoided drug and alcohol test - Applicant suspected he would fail drug and alcohol test - Respondent's officers continued their investigation into incident - Applicant owned up to his responsibility for incident - Applicant summarily dismissed - reinstatement application unsuccessful
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Concut Pty Ltd v Worrell (2000) 103 IR 160 Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union v Gartrell White (No 3) (1990) 35 IR 70
HEARING DATES: 04/12/06, 05/12/06
DATE OF JUDGMENT: 3 April 2007
APPLICANT Mr Dave Hancock Australian Workers' Union, New South Wales LEGAL REPRESENTATIVES: RESPONDENT Ms Nicola Street Australian Industry Group New South Wales Branch
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