Palmer v Nepean Blue Mountains Local Health District. [2011] NSWIRComm 1058

Industrial Relations Commission New South Wales Medium Neutral Citation: Palmer v Nepean Blue Mountains Local Health District. [2011] NSWIRComm 1058 Hearing dates: 08/11/11, 09/11/11, 10/11/11 Decision date: 22 December 2011 Before: Ritchie C Decision: Catchwords: Application re unfair dismissal- Nurse terminated -3 allegations of misconduct-investigation took place-allegations proven employee terminated. During an Involuntary Treatment Trial applicant carried out tests not in accordance with the approved matrix- in seeking to destroy some subjective tests he in error destroyed some patient clinical data- when he left his work office he did not store correctly patient records. Commission found that applicant had carried out extra tests not in accordance with matrix. Also found that his destroying in error patient records and not securing patient records was attributed to applicant's poor mental health at the time. Order reinstatement, continuity plus half back pay. Legislation Cited: Industrial relations Act, 1996 Cases Cited: Rose and Telstra Corporation Ltd (Q9292); Bankstown City Council v Paris (1999) 93IR 209: Burge v BHP Steel Pty Limited (2001) 105IR 325: Perkins v Grace Worldwide (Aust) Pty Ltd. (1997) 72 IR 186: Hollingsworth v Commissioner of Police (No 2) (88IR): CCH Australia Ltd v Bowen (1998) 79 IR: Oswald v New South Wales Police Service (1999) 90 IR 42: Sydney Ferries Corporation v Seamen's Union of Australia (2009) NSW IRComm126: Electricity Commission of New South Wales t/as Pacific Power v Crump (1993) 48IR296. Category: Principal judgment Parties: Applicant :NSW Nurses Association :Respondent Director General, NSW Dept. of Health in respect of Nepean Blue Mountains Local Health District. File Number(s): IRC 1342 of 2011