Giri v Sydney Local Health District [2016] NSWIRComm 1027

Industrial Relations Commission New South Wales Medium Neutral Citation: Giri v Sydney Local Health District [2016] NSWIRComm 1027 Hearing dates: 16 May 2016 Decision date: 24 June 2016 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The unfair dismissal application by Anurug Giri is dismissed Catchwords: UNFAIR DISMISSAL – refusal to comply with lawful and reasonable directions – no justification – dismissal not unfair – application dismissed Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Anurug Giri (Applicant) Sydney Local Health District (Respondent) Representation: The applicant appeared in person Mr N Rudd (Respondent) File Number(s): 2016/00048332

DECISION 1. The matter before the Commission is an unfair dismissal application by Anurug Giri brought pursuant to section 84 of the Industrial Relations Act 1996. The correct name of his employer at the time of his dismissal on 10 February 2016 is the Crown in the right of the State of New South Wales, NSW Ministry of Health, in respect of Sydney Local Health District (respondent). Prior to his dismissal, the applicant was employed as a System Support Officer (Senior Analyst) at the Royal Prince Alfred Hospital. He had been employed by the respondent, and its predecessor entities, in an information technology (IT) capacity since February 2003. 2. The reason given for the termination of the applicant's employment was his repeated failure to comply with lawful and reasonable directions given to him by his employer and breach of the NSW Health Code of Conduct. The essential facts of the case are not in dispute. The applicant admits to having failed to comply with directions given to him by senior employees with the authority to give such directions. He seeks to justify his conduct by reliance upon various policies and protocols which, according to the applicant, override the authority of senior management of the Sydney Local Health District ('SLHD'), even up to the level of its Chief Executive, Dr Teresa Anderson.