Croft v RMS [2012] NSWIRComm 1004

Industrial Relations Commission New South Wales Medium Neutral Citation: Croft v RMS [2012] NSWIRComm 1004 Hearing dates: 01/02/12, 02/02/12, 03/02/12,27/02/12, 29/02/12 Decision date: 29 March 2012 Before: Ritchie C Decision: Catchwords: Applicant terminated by respondent-claimed unfair dismissal-respondent stated a number of reasons for termination-applicant claimed had been bullied and harassed - investigated by respondent and advised applicant of outcome-respondent directed applicant to provide particular documentation- applicant refused- allegations of swearing by applicant to fellow staff and superior denied by applicant-applicant directed to carry out different project on temporary basis- applicant refused. Commission found that swearing did take place, should have provided particular-should have taken up temporary role. Found in favour of respondent. Category: Principal judgment Parties: Mr W. S. Croft (applicant) : Roads and Maritime Services (respondent) Representation: Mr J Darams for the applicant: Mr S Meehan for the respondent. Hanson Lawyers for the applicant: Minter Ellison for the respondent. File Number(s): IRC 827of 2011

DECISION 1Mr Wesley Shane Croft ( the applicant) filed a claim under section 84 of the Industrial Relations Act 1996 (the Act) on 10 June 2011 against the Roads and Traffic Authority which now operates under the name of Roads and Maritime Services ( the respondent). 2The applicant was employed by the respondent as a Project Delivery Manager. He commenced employment in October 2007 and was terminated from the respondent on 5 May 2011. 3No agreement was reached in the conciliation, and a Hearing for an out of time claim was held before Bishop C. who allowed the claim to proceed to hearing on the substantive issue.