Sydney Ferries Corporation v The Seamen's Union of Australia, NSW Branch on behalf of Levy [2009] NSWIRComm 126

Industrial Relations Commission of New South Wales

CITATION: Sydney Ferries Corporation v The Seamen's Union of Australia, NSW Branch on behalf of Levy [2009] NSWIRComm 126

PARTIES: Sydney Ferries Corporation (Appellant/Cross Respondent) The Seamen's Union of Australia, New South Wales Branch on behalf of Graham Levy (Respondent/Cross Appellant)

FILE NUMBER(S): IRC 238 and 252 of 2009

CORAM: Boland J President; Walton J Vice-President; Sams DP

APPEAL - Cross-appeal - Unfair dismissal - Maritime industry - Employee summarily dismissed for serious and wilful misconduct - Allegation that dismissed employee abused and spat on fellow employee and for implementing an unlawful union direction whilst a union delegate - Dismissal found to be harsh at first instance - Reinstatement ordered - Whether conduct in implementing union direction warranted dismissal - Whether dismissal was harsh - Whether reinstatement was appropriate remedy - Whether dismissed employee entitled to lost remuneration - Leave to appeal granted - Leave to appeal in cross-appeal refused - Appeal and cross-appeal dismissed. CATCHWORDS: UNFAIR DISMISSAL - Appeal - Cross-appeal - Maritime industry - Employee summarily dismissed for serious and wilful misconduct - Allegation that dismissed employee abused and spat on fellow employee and for implementing an unlawful union direction whilst a union delegate - Dismissal found to be harsh at first instance - Reinstatement ordered - Whether conduct in implementing union direction warranted dismissal - Whether dismissal was harsh - Whether reinstatement was appropriate remedy - Whether dismissed employee entitled to lost remuneration - Leave to appeal granted - Leave to appeal in cross-appeal refused - Appeal and cross-appeal dismissed.