NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: NSW Fire Brigade Employees' Union and the NSW Fire Brigades [2010] NSWIRComm 1025
APPLICANT NSW Fire Brigades Employees' Union PARTIES: RESPONDENT NSW Fire Brigades
FILE NUMBER(S): 742 of 2009
CORAM: Tabbaa C
CATCHWORDS: Unfair Dismissal; Demotion; Continuing nature of the punishment; Severity of penalty; corrupt conduct; sustenance allowance; GREAT; Disproportionate impact of punishment.
Industrial Relations Act 1996 LEGISLATION CITED: Fire Brigades Regulation 2008 Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999
CASES CITED: Jeffery & Katauskas Pty Ltd v SST Consulting Pty Ltd [2009] HCA 43 (13 October, 2009) NSW Fire Brigades v NSW Fire Brigade Employees' Union re bans IRC 4534 of 2002; IRC 4545 of 2002
HEARING DATES: 17.02.2010
DATE OF JUDGMENT: 9 June 2010
Mr J Nolan, Counsel for the Union LEGAL REPRESENTATIVES: Mr M Easton Counsel for the Respondent
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: TABBAA, C
9 June 2010
Matter No IRC 742 of 2009
Notification under section 130 by New South Wales Fire Brigade Employees' Union of a dispute with the NSW Fire Brigades re: Severity of Penalty
DECISION
[2010] NSWIRComm 1025
1 The NSW Fire Brigades Employees' Union, on 20 May 2009, notified the Industrial Registrar of a dispute with the NSW Fire Brigades pursuant to section 130 of the Industrial Relations Act 1996. The dispute related to the alleged severity of a penalty issued to Michael Guymer, a member of the union, employed pursuant to the terms and conditions of the Crown Employees (NSW Fire Brigades Firefighting Staff) Award 2008. BACKGROUND TO THE MISCONDUCT 2 Inspector Guymer, whilst in the position of Zone Commander, was asked to undertake relieving duties at Region North 1 in Port Macquarie because the Service required a senior and experienced Superintendent to sort out local management problems. After much cajoling, agreement was reached that he would undertake the relief assignment subject to him being able to return to Sydney as necessary as he had some professional issues with the Brigades that only he could deal with in Sydney. In addition, he needed to return on some weekends to spend time with his family because of family issues such as his son undertaking the HSC.
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