Alameddine v City of Parramatta Council [2017] NSWIRComm 1041

Industrial Relations Commission New South Wales Medium Neutral Citation: Alameddine v City of Parramatta Council [2017] NSWIRComm 1041 Date of orders: 27 July 2017 Decision date: 27 July 2017 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The applicant is to be reinstated to the position he held with the respondent immediately before his dismissal on 11 January 2017 on the same terms and conditions as applied to his position at that time. Catchwords: UNFAIR DISMISSAL – council ranger – physical altercation with members of the public – applicant assaulted twice – previous work performance issues – applicant trained in managing conflict and de-escalating aggressive behaviours – work health and safety investigation – applicant failed to withdraw from the scene after the first assault – applicant dismissed for failing to follow protocols and procedures – procedural unfairness – employer did not have sufficient regard to applicant's mental state after the first assault – errors of judgement amounting to misconduct – misconduct not of sufficient seriousness to warrant dismissal – substantive unfairness – dismissal harsh unreasonable and unjust – reinstatement not impracticable – reinstatement ordered – no order for back pay Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Bassam Alameddine (Applicant)

City of Parramatta Council (Respondent) Representation: Counsel: Mr A Howell (Applicant) Mr M Easton (Respondent)

Solicitors: Mr D Papps, New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (Applicant) Mr R Mouwad, Diplomacy Consulting (Respondent) File Number(s): 2017/00031166