Bossak v Murrumbidgee Local Health District [2019] NSWIRComm 1054

Industrial Relations Commission New South Wales Medium Neutral Citation: Bossak v Murrumbidgee Local Health District [2019] NSWIRComm 1054 Hearing dates: 11 March 2019. Written submissions filed 15 April, 6 and 15 May 2019. Further hearing 16 July 2019. Decision date: 29 August 2019 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: Application dismissed Catchwords: VICTIMISATION – applicant claimed benefit of an award – pattern of behaviour dating back to 2005 – applicant made complaints of bullying – agreements entered into by applicant were "mere salvage operations" – performance issues – external investigation – meaning of "victimisation" – proposed adoption of recommendations not victimisation Legislation Cited: Industrial Relations Act 1996 Cases Cited: Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32 Davis v Amalgamated Television Services Pty Limited [1998] 81 IR 364 Caleta Trpimir v Northern Sydney Area Health Service [1995] NSWIRComm 38 Health Services Union o/b Bruce v Government of New South Wales in respect of NSW Ambulance [2017] NSWIRComm 1036 Jones v Dunkel (1959) 101 CLR 298 Paula Lee v Ausgrid (no 6) [2013] NSWIRComm 62 Petrus Paulus Hendrikus Johannes Janssen v South Western Sydney Local Health District [2017] NSWIRComm 1076 United Group Resources Pty Ltd v Calabro (No 5) [2011] 198 FCR 514 Category: Principal judgment Parties: Dr Peter Bossak (Applicant) Murrumbidgee Local Health District (Respondent) Representation: Solicitors: Mr C McArdle, McArdle Legal (Applicant) Mr R Hassall, Sparke Helmore Lawyers (Respondent) File Number(s): 2018/00332521