Bellenger v Mid North Coast Local Health District [2017] NSWIRComm 1019

Industrial Relations Commission New South Wales Medium Neutral Citation: Bellenger v Mid North Coast Local Health District [2017] NSWIRComm 1019 Hearing dates: 5 and 6 October 2016 Date of orders: 24 April 2017 Decision date: 24 April 2017 Jurisdiction: Industrial Relations Commission Before: Stanton C Decision: The Commission orders that respondent, Mid North Local Health District to pay the applicant 8 weeks pay at the ordinary rate of pay applicable to the applicant at the time her employment ceased within 21 days of today's date.

Any disagreement as to the calculation of the applicant's earnings shall be referred to the Commission for final determination. Liberty to apply is available in those circumstances. Catchwords: Unfair Dismissal - inappropriate use of workplace email system - alleged breach of Code of Conduct and Communications Policy - serious misconduct proven - mitigating factors - dismissal harsh but not unreasonable or unjust compensation awarded Legislation Cited: Industrial Relations Act 1996 Cases Cited: Australian Industrial Relations Commission in Wake v Queensland Rail 156 IR 393 B C and D v Australian Postal Corporation T/A Australia Post [2013] FWCFB 6191 Blyth Chemicals Limited v Bushnell [1933] HCA 8; (1933) 49 CLR 66 Byrne & Anor v Australian Airlines Ltd [1995] HCA 24 [1995] 61 IR 32 North v Television Corporation Limited (1976) 11 ALR 599 Perkins v Grace Worldwide (Australia) Pty Limited (1997) 72 IR 186 at [191] Peter Bates v Commonwealth of Australia (Department of Defence) [2009] AIRC 899 Shoukry v The Star Pty Ltd T/A The Star [2012] FWA 9435 Category: Principal judgment Parties: Ms J Bellenger (Applicant) Mid North Coast Local Health District (Respondent) Representation: Mr K Byrnes, solicitor, Byrnes Lawyers Mr M Sullivan, solicitor Lander and Rogers File Number(s): 2016/36405