Redmond v Director General, NSW Department of Health on behalf of the Ambulance Service of New South Wales [2013] NSWIRComm 36

Industrial Relations Commission New South Wales Medium Neutral Citation: Redmond v Director General, NSW Department of Health on behalf of the Ambulance Service of New South Wales [2013] NSWIRComm 36 Hearing dates: 18, 19, 23 April 2013 Decision date: 31 May 2013 Before: Harrison DP Decision: 1. Pursuant to section 89(1) of the Industrial Relations Act 1996 the Ambulance Service of New South Wales is ordered to reinstate Mr Peter Redmond to the position of Ambulance Officer Grade 2 with effect from 17 June 2013. 2. Pursuant to section 89(3) of the Industrial Relations Act 1996 the Ambulance Service of New South Wales is ordered to pay Mr Peter Redmond an amount equal to the remuneration he would have earned but for being dismissed, less any remuneration earned from paid employment or unemployment benefits of any kind in the period from termination of employment to reinstatement. 3. Pursuant to section 89(4) of the Industrial Relations Act 1996 the period of employment of Mr Peter Redmond by the Ambulance Service of New South Wales is taken not to be broken by the termination of that employment subject to these Orders. Catchwords: Application re unfair dismissal - Remitter from Appeal Bench. Allegation of misconduct in administering fentanyl intravenously rather than intranasally. Held - conduct not proven to comfortable satisfaction. Dismissal harsh, unreasonable and unjust. Reinstatement ordered. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34. Paula Lee v Energy Australia (No 4) [2011] NSWIRComm 120 Category: Principal judgment Parties: Peter Redmond (Applicant) Director General, NSW Department of Health on behalf of the Ambulance Service of New South Wales (Respondent) Representation: T R Edwards of counsel (Applicant) S J E Prince of counsel (Respondent) Harris Wheeler Lawyers (Applicant) Lander & Rogers Lawyers (Respondent) File Number(s): IRC 428 of 2010