Public Service Association and Professional Officers Association Amalgamated Union of NSW (on behalf of Rosanna Ganino) and Roads and Maritime Services [2012] NSWIRComm 1014

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers Association Amalgamated Union of NSW (on behalf of Rosanna Ganino) and Roads and Maritime Services [2012] NSWIRComm 1014 Hearing dates: 29 March 2012; 5 July 2012 Decision date: 13 July 2012 Jurisdiction: Industrial Relations Commission Before: Tabbaa, C AM Decision: Dismissal is harsh; Reinstatement ordered; Remuneration to be awarded subject to receipt of submissions on mitigation; Costs to be determined subject to receipt of submissions from the parties Catchwords: Unfair dismissal; Delegated authority; Dismissal invalid; Dismissal harsh Legislation Cited: Industrial Relations Act 1996 Cases Cited: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Rosanna Ganino) and Roads and Traffic Authority of NSW, Division of Government Services [2011] NSWIRComm 104; Roads and Maritime Services v Public Service Association Amalgamated Union of New South Wales (on behalf of Ganino) [2012] NSWIRComm 12; Antonakopolous v State Bank of New South Wales (1999) 91 IR 385 Probst v Commission of Police (no 2) [2009] NSWIRComm 201; Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Rosanna Ganino) (Applicant) Road and Maritime Services (Respondent) Representation: Ms P Lowson of Counsel (Applicant) Ms K Eastman of Counsel (Respondent) W G McNally Jones Staff (Applicant) Minter Ellison (Respondent) File Number(s): IRC 1141 of 2009