Rosten v Mid North Coast Local Health District [2014] NSWIRComm 29

Industrial Relations Commission New South Wales Medium Neutral Citation: Rosten v Mid North Coast Local Health District [2014] NSWIRComm 29 Hearing dates: 14-15 May 2014 Decision date: 12 June 2014 Jurisdiction: Industrial Relations Commission Before: Harrison DP Decision: (1) Pursuant to section 89 (1) of the Industrial Relations Act 1996 Mid North Coast Local Health District is ordered to reinstate Ms Eveon Rosten to her former position on terms not less favourable than those that would have been applicable but for dismissal within 14 (fourteen) days of the date of this decision. (2) Pursuant to section 89 (3) of the Industrial Relations Act 1996 Mid North Coast Local Health District is ordered to pay to Ms Eveon Rosten the remuneration she would, but for being dismissed, have received before being reinstated in accordance with the order. (3) Pursuant to section 89 (4) of the Industrial Relations Act 1996 the period of employment of Ms Eveon Rosten by Mid North Coast Local Health District is taken not to have been broken by the dismissal. Catchwords: UNFAIR DISMISSAL - allegation of misconduct in treatment of elderly patient. Held - allegations not supported by the evidence - termination harsh, unreasonable and unjust - reinstatement ordered with no loss of wages and continuity of service Legislation Cited: Industrial Relations Act 1996 Cases Cited: Minister for Immigration and Citizenship v Li [2012] FCAFC 74 Re Pochi in Minister for Immigration and Ethnic Affairs (1979) 26 ALR 247 Jones v Dunkel (1959) 101 CLR 298 Briginshaw v Briginshaw (1938) 60 CLR 336 Texts Cited: Heydon, Cross on Evidence at [1065] Category: Principal judgment Parties: Eveon Rosten (Applicant) Mid North Coast Local Health District (Respondent) Representation: B & C Lawyers (Applicant) Bartier Perry (Respondent) File Number(s): IRC 832 of 2013