Sharma v. South Western Sydney Local Health District [2016] NSWIRComm 1016

Industrial Relations Commission New South Wales Medium Neutral Citation: Sharma v. South Western Sydney Local Health District [2016] NSWIRComm 1016 Hearing dates: 25 February 2015, 26 February 2015, 5 March 2015 Decision date: 05 May 2016 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM Decision: Claim dismissed Catchwords: Unfair Dismissal-alleged misuse of hospital CCTV-dismissal-reinstatement with back pay-Applicant to provide proof of earnings during the period of his dismissal and proof of period overseas-Applicant failed to provide proof or sufficient proof-Applicant refused to return to work until back pay issue resolved despite 5 directions to do so-Matter returned to the Commission-conciliated settlement achieved-Reinstatement occurred-altercation between Applicant and a fellow Security Guard-Applicant received first and final warning following investigation-Workers' compensation claim for "depression" resulting from a continuum of events-graduated return to work on suitable duties-pattern of poor attendance-suitable duties withdrawn-Applicant agreed to second chance on conditions unacceptable to Respondent-declared fit for pre-injury duties-4 further directions to return to work ignored by the Applicant-Notice to Show Cause-Termination of Applicant for Misconduct-Submissions on credit. Legislation Cited: Industrial Relations Act 1996 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Sharma v Sydney South West Area Health Service [2006] NSWIRComm 1157; SSWSHS v Sharma [2009] NSWWCCPD 90; Sanjay Sharma and NSW Health o/b Sydney South West Local Health District IRC 827 of 2013; Macleay Valley Health Service v Jeffree (1994) 58 IR 187; Leeds and Northrup Pty Ltd v Hull (1992) 46 IR 11; Bankstown City Council v Paris (1999) 93 IR 209; Harvey v Department of Education and Training of New South Wales [2009] NSWIRComm 1076; Byrne v Australian Airlines Limited [1995] HCA 24; (1995) 185 CLR 410 Category: Principal judgment Parties: Sanjay Sharma (Applicant) NSW Health, South Western Sydney Local Health District (Respondent) Representation: Ms S Sharma (Applicant) Mr A Britt, Counsel (Respondent) File Number(s): IRC 827 of 2013; 2016/137895