Australian Services Union of NSW on behalf of Valentina Angelovska and St George Youth Services Inc. [2010] NSWIRComm 1051

Industrial Relations Commission of New South Wales

CITATION: Australian Services Union of NSW on behalf of Valentina Angelovska and St George Youth Services Inc. [2010] NSWIRComm 1051

APPLICANT Australian Services Union of NSW on behalf of Valentina Angelovska PARTIES: RESPONDENT St George Youth Services Inc.

FILE NUMBER(S): IRC 2078 of 2009

CORAM: Bishop C

CATCHWORDS: UNFAIR DISMISSAL - small community based service organisation - dismissal of manager for serious and wilful misconduct - unblemished record and service of 9 years - allegations of taking work/files home & working from home without approval - carrying out work for another community based organisation using employer's time and resources without approval - grievances from staff - meetings with manager - suspended for not following directions - manager maintained had long standing approval from committee of management - work carried out in own time/time in lieu - manager's computer & phone examined after suspension - further documentary evidence found and further allegations made - applicant not provided with evidence - not told about grievances - issues raised re investigation - procedural fairness issues re compliance with policies and procedures followed in terminating manager - reinstatement sought. HELD - onus on employer to establish misconduct - onus not discharged - no evidence to contradict applicant's position - evidence of approval from former committee - never revoked - no proper investigation - employer failed to follow own procedures - procedurally unfair - reinstatement not impracticable - reinstatement ordered with backpay.