Electrical Trades Union of Australia, New South Wales branch (o/b Allan Grice) v Nepean Blue Mountains Local Health District [2016] NSWIRComm 1020

Industrial Relations Commission New South Wales Medium Neutral Citation: Electrical Trades Union of Australia, New South Wales branch (o/b Allan Grice) v Nepean Blue Mountains Local Health District [2016] NSWIRComm 1020 Hearing dates: 27-29 July 2015 inclusive and 31 August 2015 Decision date: 27 May 2016 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM Decision: The Commission makes the following orders: 1. The dismissal of Mr Grice is unreasonable; 2. The Respondent shall pay to Mr Grice a sum equivalent to five weeks' pay calculated at the rate of pay at the time of his dismissal within 21 days of today's date. Catchwords: Unfair Dismissal - -Breaches to Conduct of Conduct-grant of inappropriate access to car park-misuse of hospital resources-unprofessional interactions-bullying and harassment-unsafe work practices-training in Code of Conduct-training in Positive Workforce Culture-Respectful Workplace training-taken individually allegations ought not have resulted in dismissal-dismissal not unjust and not harsh-dismissal unreasonable-compensation awarded. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Electricity Commission of NSW trading as Pacific Power v Nieass (1995) 81 IR 46; Ian Ueckert and Australian Water Tehnologies Pty Ltd [2000] NSWIRComm 123 (25 July 2000); Clousten & Co v Corry [1906] AC 122; Jupiter General Insurance Co Ltd v Andeshire Bomanji Shroff [1937] 3 All ER 67; Adami v Maison de Luxe Ltd (1924) 35 CLR 143; Budlong v NCR Australia Pty Ltd [2006] NSWIRComm 288; Byrne v Australian Airlines Limited [1995] HCA 24; (1995) 185 CLR 410 Category: Principal judgment Parties: Electrical Trades Union of Australia, New South Wales branch (Applicant) Nepean Blue Mountains Local Health District (Respondent) Representation: Mr S Robinson (Applicant) Ms B Clark, Solicitor (Respondent) File Number(s): IRC 920 of 2014; 16/0004635