Alex Paul Nagy and Sutherland Shire Council [2015] NSWIRComm 1005

Industrial Relations Commission New South Wales Medium Neutral Citation: Alex Paul Nagy and Sutherland Shire Council [2015] NSWIRComm 1005 Hearing dates: 21 August 2014 Decision date: 14 April 2015 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM Decision: Claim dismissed Catchwords: Unfair Dismissal – conflict between two employees – racial abuse – complaints made about rude gestures and obscenities – Council investigated – CCTV footage did not sustain the allegations – independent witnesses did not support the allegations - WorkCover investigation did not sustain the allegations – complainant dismissed for fabricating the allegations – Applicant alleged he was not afforded fair process – not afforded training and mediation as recommended by WorkCover - alleged he was bamboozled at the termination meeting – termination held not to be harsh, unreasonable or unjust – claim dismissed. Legislation Cited: Industrial Relations Act 1996 Racial Discrimination Act 1975 Anti-Discrimination Act 1977 Cases Cited: Johnson v Catholic Education Office, Diocese of Parramatta (1998) 87 IR 57; Antonakopoulos v State Bank of New South Wales (1999) 91 IR 385; Corrective Services NSW v Fraser (No 2) [2015] NSWIRComm 10. Category: Principal judgment Parties: Mr Alex Paul Nagy (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: Mr R Crow (for the Respondent)

Solicitors: Mr P Murphy Paul Murphy & Associates Lawyers (for the Applicant) Ms T Surry and Ms A Koelmeyer Workplace Law (for the Respondent) File Number(s): IRC 170 of 2014