Hargreaves v NSW Health Services Northern Sydney Local Health District. [2012] NSWIRComm 1012

Industrial Relations Commission New South Wales Medium Neutral Citation: Hargreaves v NSW Health Services Northern Sydney Local Health District. [2012] NSWIRComm 1012 Hearing dates: 28/03/12 ,29/03/12, 27/04/12 Decision date: 01 June 2012 Before: Ritchie C Decision: Catchwords: Unfair dismissal - Health industry-allegation of assault by security officer on patient. Held -defensive action-officer involved in medical procedure when patient sought to bite him-found action taken by officer instinctive defensive not an assault. Found termination harsh, unreasonable and unjust-reinstatement ordered. Legislation Cited: Industrial Relations Act, 1996 Cases Cited: Samad v Public Service Board (New South Wales) (1983): Briginshaw v Briginshaw (1938) 60CR336. HREA on behalf of Robert Drinson v Hunter Area Aealth Service (2002)NSWIRComm270 NSW Nurses Assoc.(on behalf of Colin Prior) v South Eastern Sydney & Illawara Area health Service (2007)NSW IRComm164 Re-dispute Dismissal of Union Delegates at Homebush Abbattoir (1966) AR(NSW)371 Category: Principal judgment Parties: Mr Bryan Hargreaves (applicant) NSW Health Services Northern Sydney Local Health District (respondent) Representation: Mr D O'Sullivan (applicant) Mr J Isaken of Adams & Partners Lawyers(Applicant) Ms S Price of Bartier Perry (respondent) File Number(s): IRC 1559 of 2011

DECISION 1 On 29 September 2011 Mr Bryan Andrew Hargreaves (the applicant) filed a claim for unfair dismissal against the NSW Health Service Northern Sydney Local Health District ( the respondent) pursuant to section 84 of the Industrial Relations Act, 1996. 2The matter was called on for a conciliation on 16 December 2011 but was not successful in resolving the matter and dates for the filing and serving of evidentiary material was provided to the parties. 3The hearing was held over three days with the decision being reserved at the end of final submissions.