PSA v RTA [2007] NSWIRComm 1091

Industrial Relations Commission of New South Wales

CITATION: PSA v RTA [2007] NSWIRComm 1091

APPLICANT: PARTIES: Ms C. Dimitriadis RESPONDENT Roads & Traffic Authority Division of the Government Services of New South Wales

FILE NUMBER(S): 1280 of 2007

CORAM: Ritchie C

Unfair dismissal application. Applicant long term employee terminated for illegal use of computer system In interview process applicant made certain admissions but did not give full story Further evidence found of misuse Applicant admitted to misuse Disciplinary Process commenced which resulted in termination of employee CATCHWORDS: Commission found termination harsh taking into consideration no third party involved, long term employee and previous clean record. Commission awarded compensation as accepted that employer had due to particular issues lost trust in the employee, did not believe reinstatement was appropriate.

Claim for small claim. When suspended on pay, applicant working a part time arrangement as part of return to work programme. During suspension applicant believed entitled to be paid at full time rate. Employer believed paid at appropriate rate. At no time during suspension did applicant provide medical evidence altering her medical situation. Application rejected by Commission. Applicant signed document agreeing to part time arrangements. Did not produce medical evidence to change situation