Horton -v- Dept of State & Regional Development [2006] NSWIRComm 1020

Industrial Relations Commission of New South Wales

CITATION: Horton -v- Dept of State & Regional Development [2006] NSWIRComm 1020

APPLICANT PARTIES: Rebecca Horton RESPONDENT Department of State & Regional Development

FILE NUMBER(S): 987 of 2005

CORAM: Cambridge C

CATCHWORDS: Unfair dismissal - termination of employment - misconduct - performance and conduct improvement plan - further misconduct - investigation - employment record considered - repeated failure to comply with reasonable instructions of employer - valid substantive basis established - proper process followed - application dismissed.

LEGISLATION CITED: Industrial Relations Act 1996 Public Service Management Act 1988

HEARING DATES: 07/09/2005; 08/09/2005; 21/11/2005

DATE OF JUDGMENT: 02/10/2006

APPLICANT Ms E Raper, barrister Solicitors LEGAL REPRESENTATIVES: KR Lawyers

RESPONDENT Ms E Brus, barrister

DECISION: - 15 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

COMMISSIONER CAMBRIDGE

10 February 2006

Matter No IRC 987 of 2005

Rebecca Horton -v- Department Of State & Regional Development

Application by R Horton re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996.

DECISION

[2006] NSWIRComm 1020

1 This matter involves an unfair dismissal claim made pursuant to section 84 of the Industrial Relations Act 1996 [NSW] (the Act). The claim was made by Rebecca Horton (the applicant), and taken against her former employer, the Department of State & Regional Development (NSW), (the employer). 2 The claim was filed on 25 February 2005 and following unsuccessful conciliation proceedings the Arbitration of the matter was conducted over three days, 7, 8 September and 21 November 2005.