Bryan Hargreaves and Director-General of Health on behalf of South Western Sydney Local Health District [2013] NSWIRComm 1022

Industrial Relations Commission New South Wales Medium Neutral Citation: Bryan Hargreaves and Director-General of Health on behalf of South Western Sydney Local Health District [2013] NSWIRComm 1022 Hearing dates: 4 April 20139 May 2013 Decision date: 25 October 2013 Before: Tabbaa C AM Decision: Claim dismissed Catchwords: Unfair Dismissal application-Assault on patient while in full-time employment with another local health district-Actions of Applicant reflexive and defensive-Dismissal found to be harsh, unjust and unreasonable-Applicant reinstated; Appeal proceedings upheld the finding of harshness...but determined that reinstatement impracticable-Respondent has lost confidence in the Applicant acting appropriately in the future- risk to patients-awarded full compensation having regard to inclusion of the Applicant on the Service Check Registry-Agreement between Applicant and the Respondent to accept outcome of those proceedings-Applicant dismissed-Full Bench clear statement that Respondent justified in its loss of trust and confidence-Same Respondent in both matters-Director-General of Health; Same statement of duties; Patients with mental health issues in both local health districts; Director-General of Health deemed to be the Employer-Applicant voluntarily agreed to forego right to s 84 claim-Termination not found to be harsh, unjust or unreasonable-claim dismissed. Legislation Cited: Industrial Relations Act 1996 Public Sector Employment Legislation Amendment Act 2006 Public Sector Employment and Management Act 2002 NSW Health Services Act (1997) Health Administration Act 1982 Cases Cited: Hargreaves v NSW Health Services Northern Sydney Local Health District [2012] NSWIRComm 1012; NSW Health Services Northern Sydney Local Health District v Hargreaves [2012] NSWIRComm 123; Casari v Sydney South West Area Health Service [2009] NSWIRComm 103; (2009) 185 IR 217; New South Wales Nurses' Association (on behalf of Colin Prior) and the South Eastern Sydney and Illawarra Area Health Service [2007] NSWIRComm 164; Samad v Public Service Board (New South Wales) (1983) (NSW Court of Appeal) 5 IR 464, at 466; Sharma v Sydney South West Area Health Service (2006) NSWIRComm 1157; Perkins v Grace Worldwide (Aust) Pty Ltd (1997) IRCA 15; Antonakopoulos v State Bank (1999) 91 IR 385 Category: Principal judgment Parties: Bryan Hargreaves (self-represented) Stephen Bull (for the Respondent) File Number(s): IRC 1215 of 2012