Richie Robles v Health Secretary in respect of Western Sydney Local Health District (No. 2) [2019] NSWIRComm 1051

Industrial Relations Commission New South Wales Medium Neutral Citation: Richie Robles v Health Secretary in respect of Western Sydney Local Health District (No. 2) [2019] NSWIRComm 1051 Hearing dates: 11 and 12 July 2019 Date of orders: 12 July 2019 Decision date: 12 July 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The application is dismissed Catchwords: UNFAIR DISMISSAL – employee was registered nurse in mental health facility – failure to comply with employer's policies and procedures – attempt to mislead employer – failure to accept responsibility – dismissal not harsh, unreasonable or unjust Legislation Cited: Industrial Relations Act 1996 (NSW) ss 84, 88 Cases Cited: A v Local Health District [2017] NSWIRComm 1079 Corrective Services NSW v Danwer [2013] NSWIRComm 61 Department of Health v Perihan Kaplan [2010] NSWIRComm 65 NUW (on behalf of Wayne Khan) v Cuno Pacific Pty Ltd [2005] NSWIRComm 388; (2005) 146 IR 441 Outboard World Pty Limited (t/a Budget Waste Control (Sydney)) v Muir (1993) 51 IR 167 Richie Robles v Health Secretary in respect of Western Sydney Local Health District [2019] NSWIRComm 1028 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Category: Principal judgment Parties: Richie Robles (Applicant)

Health Secretary in respect of Western Sydney Local Health District (Respondent) Representation: J Cheetham (Applicant)

D Gardner (Respondent) File Number(s): 2019/24081