Hanson v The Director General, NSW Department of Health in respect of the New South Wales Health Service (Sydney West Area Health Service) [2011] NSWIRComm 1020

Industrial Relations Commission New South Wales Medium Neutral Citation: Hanson v The Director General, NSW Department of Health in respect of the New South Wales Health Service (Sydney West Area Health Service) [2011] NSWIRComm 1020 Hearing dates: 20-23 July 2010, 26-27 August 2010, Applicant's written submissions: 24/09/10, Respondent's submissions: 01/10/2010, Applicant's response submissions: 11/10/2010 Decision date: 21 April 2011 Jurisdiction: Industrial Relations Commission Before: Tabbaa, C Decision: Claim dismissed; Dismissal was not harsh, unjust or unreasonable. Catchwords: UNFAIR DISMISSAL, professional misconduct, assault on mental health patient, failure to seek medical attention, Legislation Cited: Industrial Relations Act 1996; Health Services Act 1997 (NSW) Cases Cited: Byrne v Australia Airlines Ltd (1995) 185 CLR 410; Samad v Public Service Board (New South Wales) (1983) 5 IR 464; HREA on behalf of Drinian v Hunter Area Health Service [2002] NSWIRComm 270; NSW Nurses' Association (on behalf of Colin Prior) v South Eastern and Illawarra Area Health Service [2007] NSWIRComm 164; Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449; Briginshaw v Briginshaw (1938) 60 CLR 336; PSA and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Lloyd Kerr) and Director of PE by her Agent the Director-General of the Department of Juvenile Justice [2009] NSWIRComm 1034; Director of PE by his Agent the Director-General of the Department of Juvenile Justice and PSA and Professional Officers' Association Amalgamated Union of NSW (on behalf of Elvin Brian Brown) [2008] NSWIRComm 221; NSW Department of Education and Training v NSW Teachers' Federation (on behalf of Mossfield) [2006] NSWIRComm 210; Budlong v NCR Australia Pty Ltd [2006] NSWIRComm 288; Lane v Arrowcrest Group Pty Ltd (1990) 99 ALR 75; Plummer v Stannard Bros Launch Service (2005) 145 IR 111; Browne v Dunn (1893) 6 R 67 (HL); Jones v Dunkel & Anor. [1959] 101 CLR 298; Stewart v Hunter Area Health Service (unreported, Industrial Relations Commission of NSW, Harrison DP, No. 5299 of 1998, 11 November 1998); R v Knight (1988) 35 A Crim R 314; Budlong v NCR Australia Pty Ltd [2006] NSWIRComm 288 Category: Procedural and other rulings Parties: Alan Hanson (Applicant)