Nicolaides v Director-General, NSW Department of Health in respect of the NSW Health Service (Sydney West Area Health Service) [2011] NSWIRComm 1002

Industrial Relations Commission New South Wales Medium Neutral Citation: Nicolaides v Director-General, NSW Department of Health in respect of the NSW Health Service (Sydney West Area Health Service) [2011] NSWIRComm 1002 Hearing dates: 24 May, 10 - 11, 15 -16, 21 June, and 26 July, 2010. Decision date: 09 February 2011 Before: Tabbaa C Decision: The Commission awards a sum equivalent to seven weeks' pay calculated at the average rate of pay received over the last six months of the Applicant's employment. Catchwords: UNFAIR DISMISSAL - summary dismissal - onus for proving misconduct - citizen's arrest - use of excessive force by security officer - self-defence. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Kumar v Valuca P/L [2001] NSWIRC NSW Nurses' Association (o/b of Colin Prior) v South Eastern Sydney and the Illawarra Health Service [2007] NSWIRComm 164 Graham v Sth Eastern Sydney & Illawarra Area Health Service [2010] NSWIRComm 1023 Hosemans v NSW Police (No. 3) NSWIRComm 161 Nakhi Nasr v State of NSW[2007]NSWCA 101 (4 May 2007) Category: Principal judgment Parties: Phillip Nicolaides (Applicant) Director-General, NSW Department of Health in respect of the NSW Health Service (Sydney West Area Health Service) (Respondent) Representation: Counsel: Mr C Bolger, (Applicant) Solicitors: Malouf Solicitors (Applicant) Bartier Perry Solicitors (Respondent) File Number(s): IRC 146 of 2010