NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Wei Fen Xian and Rail Corporation New South Wales [2009] NSWIRComm 1083
APPLICANT Wei Fen Xian PARTIES: RESPONDENT Rail Corporation New South Wales
FILE NUMBER(S): 1002 of 2009
CORAM: Bishop C
CATCHWORDS: Alleged threatened dismissal, warning letters issued, alleged breach of Code of Conduct, applicant suspended on pay, disciplinary investigation undertaken, investigation finalised but no decision as yet as to findings or any sanction to be imposed, dismissal one of a number of possible outcomes, unconditional reinstatement sought. HELD: no threatened dismissal exists, applicant still employed on pay, disciplinary process not finalised, no final outcome known, applicant has right to respond before final decision made, application dismissed.
Industrial Relations Act 1996 Rail Safety Act 2008 LEGISLATION CITED: Rail Safety (General) Regulation 2008 Transport Administration Act 1988 Transport Administration (Staff) Regulation 2005
ASMOF (NSW) (on behalf of Dr Wojtulewicz v Director General of NSW Health Service (Children's Hospital at Westmead) [2008] NSWIRComm 299 CASES CITED: Australian Broadcasting Commission v O'Neill (2006) 227 CLR 57 Baker v Australian Workers' Union [2005] NSWIRComm 1225 Hill v Director-General of the Department of Education and Training (NSW) (1998) 85 IR 201
HEARING DATES: 12 October 2009
DATE OF JUDGMENT: 14 October 2009
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