Gonzales v Housing NSW [2012] NSWIRComm 1019

Industrial Relations Commission New South Wales Medium Neutral Citation: Gonzales v Housing NSW [2012] NSWIRComm 1019 Hearing dates: 27, 28, 29 March and 4 April 2012 Decision date: 20 August 2012 Before: Bishop C Decision: Application dismissed Catchwords: UNFAIR DISMISSAL - public servant - demoted arising from investigation into misconduct allegations - appeal to GREAT - withdrawn - complaint to AHRC - terminated by AHRC - directed to resume duty - failure to do so - absence on leave without pay - Centrelink medical certificates - advised then directed to attend fitness to continue assessments - no attendance - disciplinary letter issued - no written response - misconduct held and dismissal - remedy of reinstatement or re-employment sought HELD - misconduct findings upheld - failure to collect registered mail - failure to comply with reasonable direction - dismissal not harsh or unjust or unreasonable - application dismissed. Legislation Cited: Industrial Relations Act 1996 Public Sector Employment and Management Act 2002 Public Sector Employment and Management (General) Regulation 1996 Cases Cited: Antonokopoulos v State Bank of New South Wales (1999) 91 IR 385 Bankstown City Council v Paris (19999) 93 IR 209 Briginshaw v Briginshaw (1938) 60 CLR 336 Byrne & Frew v Australian Airlines (1995) 61 IR 32. D'Souza v NSW Department of Transport and Infrastructure [2010] NSWIRComm 1042 D & R Commercial Pty Limited v Flood (2002) 113 IR 344 Grant Thomas v Boral Cement Limited [2011] NSWIRComm 1045 John Lysaght (Australia) Limited v Federated Ironworkers Association of Australia, New South Wales Division &Ors (1972) AILRR 517 National Union of Workers' New South Wales Branch (on behalf of Khan) v Cuno Pacific Pty Ltd (2005) 146 IR 441 North v Television Corporation Ltd (1976) 11 ALR 599, Pastrycooks Employees, Biscuit Makers Employees & Flour & Sugar Goods Workers Union v Gartrell White (No 3) (1990) 35 IR 70 Re Dispute - Dismissal of Union Delegates at Homebush Abattoir [1966] AR (NSW) 371 Western Suburbs District Ambulance Committee v Tipping (1957) AR NSW 273. Youssef v Western Sydney Area Health Service [2002] NSWIRComm 8 Category: Principal judgment Parties: Victorino Gonzales (Applicant) Housing NSW (Respondent) File Number(s): IRC 345 of 2011