NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Australian Workers' Union, New South Wales (on behalf of Dirk Von Borstel) v BlueScope Steel [2007] NSWIRComm 1009
APPLICANT PARTIES: (Australian Workers' Union, New South Wales (on behalf of Dirk Von Borstel) RESPONDENT BlueScope Steel (AIS) Pty Limited
FILE NUMBER(S): 2924 of 2006
CORAM: Macdonald C
CATCHWORDS: Unfair dismissal application - dismissal or summary dismissal? - which party carried onus? - not a summary dismissal type case - incident between Applicant and crane driver - both employees dismissed - crane driver summarily dismissed - crane driver reinstated by Connor C - Applicant dismissed with notice - reason for dismissal was continued behavioural conduct - extent and type of evidence before the Commission - safety issue motivated Applicant's conduct - unfair dismissal - reinstatement ordered
LEGISLATION CITED: Industrial Relations Act 1996
Corbeski v BlueScope Steel (AIS) Pty Limited [2006] NSWIRComm 1170 CASES CITED: Outboard World Pty Ltd v Muir (1993) 51 IR 167 Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union v Gartrell White (No 3) (1990) 35 IR 70
HEARING DATES: 30/11/06
DATE OF JUDGMENT: 3 April 2007
APPLICANT Mr Dave Hancock Australian Workers' Union, New South Wales LEGAL REPRESENTATIVES: RESPONDENT Mr Michael Mead Australian Industry Group
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
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