Stephanie Barbara Smith and Justice Health and Forensic Mental Health Network [2017] NSWIRComm 1022

Industrial Relations Commission New South Wales Medium Neutral Citation: Stephanie Barbara Smith and Justice Health and Forensic Mental Health Network [2017] NSWIRComm 1022 Hearing dates: 28 October 201529 October 201530 October 201513 November 201523 November 201530 November 2015 Date of orders: 16 June 2017 Decision date: 16 June 2017 Jurisdiction: Industrial Relations Commission Before: Tabbaa AM, Commissioner Decision: Claim Upheld Catchwords: Section 84-Unfair dismissal-allegations of indirect bullying and harassment on two occasions-allegations of unprofessional behaviour breaching core values of care, respect and professionalism-inappropriate, aggressive and intimidatory behaviour-breach of Code of Conduct-applicant suffered from medico-psychological conditions-re—employment and compensation sought-alleged lack of procedural fairness-applicant not provided with any performance management, specific supervision, review or monitoring-5th incident awaiting investigation if reinstatement is ordered-Recognition of service award denied-dismissal harsh but not unjust nor unreasonable-re-employment not viable-monetary compensation ordered. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Byrne v Australian Airlines Ltd (1995) 185 CLR 410

South Eastern Sydney and Illawarra Area Health Service v Dimovski [2011] NSWIRComm 139 Category: Principal judgment Parties: Ms Stephanie Barbara Smith (Applicant) Justice Health and Forensic Mental Health Network (Respondent) Representation: Ms D Dinnen, Counsel (Applicant)

Mr M Paul, Solicitor (Respondent) Bartier Perry File Number(s): 2016/46007