Health Services Union NSW and Sydney Local Health District; ; Health Services Union, New South Wales (o/b Mohammed Sarower Siddique) and Sydney Local Health District [2016] NSWIRComm 1033

Industrial Relations Commission New South Wales Medium Neutral Citation: Health Services Union NSW and Sydney Local Health District; ; Health Services Union, New South Wales (o/b Mohammed Sarower Siddique) and Sydney Local Health District [2016] NSWIRComm 1033 Hearing dates: 20 – 22 January 2016 inclusiveSubmissions - 22 March 2016 Decision date: 02 November 2016 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM Decision: Claim upheld. Compensation awarded. Catchwords: Dispute Notification-threatened dismissal-conciliation unsuccessful-dismissal-Unfair Dismissal claim filed-Applicant in breach of Code of Conduct-Self-defence, damage to property not an issue-Visitor was a patient to the hospital-NUM required to be obeyed in relation to how patient is to be managed-Dismissal not unreasonable or unjust-Dismissal harsh-compensation awarded. Legislation Cited: Industrial Relations Act 1996 Health Services Act 1997 Category: Principal judgment Parties: Health Services Union NSW (Applicant) Sydney Local Health District (Respondent) Representation: Mr G O'Donoghue (Applicant) Mr A Britt, Counsel (Respondent) File Number(s): 2015/374338 (formerly IRC 798 of 2015)2015/374358 (formerly IRC 971 of 2015)

DECISION 1. The Health Services Union, New South Wales (the HSU), on 2 September 2015, filed a notification advising of a dispute with Sydney Local Health District (the Respondent). The HSU sought the assistance of the Commission in relation to an unsuccessful attempt to obtain a copy of CCTV footage of an incident involving its member, Mr Mohammad Sarower Siddique, and a person described as "intoxicated and aggressive" (2015/374338 (formerly IRC 798 of 2015)). Mr Siddique had been asked to show cause, by 17 September 2015, as to why his employment should not be terminated. 2. On 13 November 2015, an unfair dismissal claim, pursuant to section 84 of the Industrial Relations Act 1996 (the Act) was filed by the HSU in relation to the alleged unfair dismissal of Mr Siddique on 23 October 2015 (2015/374358 (formerly IRC 971 of 2015)).