Petrus Paulus Hendrikus Johannes Janssen v South Western Sydney Local Health District [2018] NSWIRComm 1022

Industrial Relations Commission New South Wales Medium Neutral Citation: Petrus Paulus Hendrikus Johannes Janssen v South Western Sydney Local Health District [2018] NSWIRComm 1022 Hearing dates: 4 and 5 April 2018 Date of orders: 23 April 2018 Decision date: 23 April 2018 Jurisdiction: Industrial Relations Commission Before: Seymour C Decision: Application dismissed Catchwords: Victimisation application - applicant alleged he was victimised by the respondent because he made complaints about workplace matters – suspension during investigation constitutes detrimental action - evidence of decision-maker about reason for suspension – assessment of risks of remaining in workplace - s 210(2) presumption rebutted – complaints not a substantial and operative reason - application dismissed Legislation Cited: Industrial Relations Act 1996 ss 210, 213, 214 Cases Cited: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Visy Packaging Pty Ltd (No 3) [2013] FCA 525 Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500 Briginshaw v Briginshaw (1938) 60 CLR 336 Construction, Forestry, Mining and Energy Union and BHP Coal Pty Ltd [2014] HCA 41 Fire Brigade Employees' Union of New South Wales (on behalf of Wayne Challinor) v Fire and Rescue NSW [2016] NSWIRComm 1024 Twentieth Superpace Nominees v TWU [2006] NSWIRComm 218 Category: Principal judgment Parties: Petrus Paulus Hendrikus Johannes Janssen (Applicant) South Western Sydney Local Health District (Respondent) Representation: Counsel: R Reitano (Applicant) A Britt (Respondent)