Ward v New South Wales Fire Brigades [2011] NSWIRComm 1019

Industrial Relations Commission New South Wales Medium Neutral Citation: Ward v New South Wales Fire Brigades [2011] NSWIRComm 1019 Hearing dates: 6 December 2010; 14 December 2010 Decision date: 21 April 2011 Jurisdiction: Industrial Relations Commission Before: Macdonald C Decision: Unfair dismissal application dismissed Catchwords: UNFAIR DISMISSAL APPLICATION - Section 84 of the Industrial Relations Act 1996 - fire brigade industry - dismissal on four grounds of misconduct following internal inquiry - unfair dismissal application - onus and standard of proof - procedural fairness - substantive fairness - employer failed to make out its case for three of the four grounds of misconduct - one ground of misconduct made out - unfair dismissal application dismissed. Legislation Cited: Industrial Relations Act 1996 Fire Brigades Regulation 2008 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Jupiter General Insurance Company Limited v Shroff (1937) 3 All ER 67 National Union of Workers, NSW Branch (o/b Khan) v Cuno Pacific Pty Ltd (2005) 146 IR 441 Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No 3) (1990) 35 IR 70 Category: Principal judgment Parties: New South Wales Fire Brigade Employees Union (o/b Sue Ward) (Applicant)

New South Wales Fire Brigades (Respondent) Representation: Ms G Lawrence and Ms Potter-Butler, Union Officials (Applicant)

Ms L Iacumin and Mr S McMartin (Respondent) File Number(s): IRC 920 of 2010 and IRC 1013 of 2010