Merrin v Mosman Municipal Council [2016] NSWIRComm 1021

Industrial Relations Commission New South Wales Medium Neutral Citation: Merrin v Mosman Municipal Council [2016] NSWIRComm 1021 Hearing dates: 18 & 19 April 2016 Decision date: 26 May 2016 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The unfair dismissal application by Genna April Merrin is dismissed. Catchwords: UNFAIR DISMISSAL – removal of Council owned food for personal use – allowed an unauthorised person to access administration office – abandoned post during shift – 16 years and four months unblemished service – show cause letter – allegations of bullying – attempt to draw comparison with conduct of other employees – misconduct justified dismissal – dismissal not harsh, unreasonable or unjust – application dismissed Legislation Cited: Industrial Relations Act 1996 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Buckman v Burdekin (1998) 85 IR 415 Antonakopoulos v State Bank of New South Wales (1999) 91 IR 385 Humphries v Cootamundra Ex-Services and Citizens Memorial Club Limited [2003] NSWIRComm 211 Budlong v NCR Australia Pty Limited [2006] NSWIRComm 288 Department of Health v Perihan Kaplan [2010] NSWIRComm 65 New South Wales Fire Brigade Employees' Union (on behalf of Natoli) and New South Wales Fire Brigades [2005] NSWIRComm 440 Gardener v Electricity Commission of NSW (Unreported, McKenna CC, 845 of 1992, 23 May 1994) Zdraveski v. BlueScope Steel Limited [2008] NSWIRComm 1028 Category: Principal judgment Parties: Genna April Merrin (Applicant) Mosman Municipal Council (Respondent) Representation: Counsel: M Fantin (Applicant)