Public Service Association and Professional Officers Association Amalgamated Union of NSW (on behalf of Rosanna Ganino) and Roads and Maritime Services [2013] NSWIRComm 1008

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 [2013] NSWIRComm 1008 Hearing dates: Written Submissions Applicant: 25.07.2012: Respondent: 10 August 2012: Applicant's submissions in reply: 8.10.2012 Decision date: 24 May 2013 Before: Tabbaa C AM Decision: Back pay awarded plus interest Catchwords: Unfair Dismissal application; Mitigation; Right of the employer to deduct from back pay awarded amounts earned by applicant in alternative employment; Right of the employer to deduct from back pay awarded amounts paid to the applicant during the relevant period; Interest to be paid on back pay. Legislation Cited: Industrial Relations Act 1996 Civil Procedure Act 2005 Cases Cited: Sydney Ferries Corporation v The Seamen's Union of Australia, NSW Branch on behalf of Levy (2009) 186 IR 99; [2009] NSWIRComm 126; New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (on behalf of Grose) and Griffith City Council [2006] NSWIRComm 1137; Council of the New South Wales Bar Association v Einfeld [2009] NSWCA 255 at [23] 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 1141of 2009