NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: McBain v Peppercorn Holdings No 4 Pty Ltd [2006] NSWIRComm 1182
APPLICANT Hilary Anne McBain PARTIES: RESPONDENT Peppercorn Holdings No 4 Pty Ltd
FILE NUMBER(S): 2134 of 2006
CORAM: Ritchie C
Unfair dismissal - under s 84 of the Act. Applicant worked in child care centre. Applicant on duty when a child left the Centre alone and walked home. Applicant terminated for lack of supervision . CATCHWORDS: Applicant stated that she had been over in ratio at the time and had not received assistance. Applicant stated that child must have left when she went back to the backyard to collect another child. Commission found that child must have left the Centre prior to this which meant that the applicant had not been aware of the child's absence for a greater period of time. Close supervision of very young children fundamental to the responsibilities of child care workers. Found the termination not harsh, unreasonable or unjust. Commission also found that it did not have jurisdiction to Order the respondent to withdraw notification to the Ombudsman under the Commission and Young People Act.
LEGISLATION CITED: Industrial Relations Act 1996 Commission and Young People Act 1998
HEARING DATES: 11/09/06, 12/09/06, 13/09/06, 14/09/06, 04/10/06, 05/10/06, 01/12/06
DATE OF JUDGMENT: 12/19/2006
APPLICANT Mr K Roser of counsel Ms C Rogerson, solicitor Stone+Partners Lawyers LEGAL REPRESENTATIVES:
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