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HREA on behalf of Robert Drinan v Hunter Area Health Service [2002] NSWIRComm 270 (18 October 2002)

HREA on behalf of Robert Drinan v Hunter Area Health Service [2002] NSWIRComm 270 (18 October 2002)

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New South Wales Industrial
Relations Commission
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HREA on behalf of Robert Drinan v Hunter Area
Health Service [2002] NSWIRComm 270 (18 October
2002)

Last Updated: 1 November 2002
NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION
CITATION : HREA on behalf of Robert Drinan v Hunter AreaHealth Service[2002]

NSWIRComm 270

FILE NUMBER(S): IRC 4434
HEARING DATE(S): 26/09/2002, 27/09/2002
DECISION DATE: 18/10/2002

PARTIES:
APPLICANT:
TheHealth & Research Employees' Association of NSW on behalf of Robert John
Drinan
RESPONDENT:
Hunter AreaHealth Service

JUDGMENT OF: Harrison DP LEGAL REPRESENTATIVES APPLICANT:

Mr R Hull
Health& Research Employee's Association of NSW

RESPONDENT:
Mr R De Meyrick of Counsel
SOLICITOR:
Mr J Pomeroy
Sparke Helmore Solicitors
CASES CITED: Samad v PublicService Board; Government & Related Employees

Appeal Tribunal, Appeal No 1395 of 1982, 5 November 1982;

Federated Miscellaneous Workers\u2019 Union of Australia, W.A. Branch v Board of Management Narambeen District Hospital; Supreme Court of Western Australia Industrial Appeal Court, in matter no IRC 11 of 1991, February 1992

Muncaster and Hunter AreaHealth Service ; Harrison CC, Matter No IRC 2589 of
1994, 23 February 1995;
Wallace v Grace McKellar Centre, (960615) Murphy JR, Industrial Relations Court of
Australia, 20 December 1995

Wyndham Lodge Nursing Home Inc. v Reader (960131) Full Bench of the Industrial
Relations Court of Australia (Wilcox CJ, Ryan and North JJ), 15 April 1996 (1996) 65 IR
253;

Eon Robinson v Northern Sydney AreaHealth
Service(970220), Locke JR,
Industrial Relations Court of Australia, 30 June 1997;
Stewart & Hunter AreaHealth Service , Harrison DP Matter No IRC 5299 of 1998, 11
November 1998.
LEGISLATION CITED: Industrial Relations Act 1996
MentalHealthAct 1990
JUDGMENT:
-9 -
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: HARRISON DP
Friday, 18 October 2002
Matter No IRC 4434 of 2002
The Health and Research Employees' Association of New South Wales (On Behalf
of Robert John Drinan) and Hunter Area Health Service
Application re unfair dismissal pursuant to section 84 of the Industrial Relations Act
1996
DECISION
[2002] NSWIRComm 270
1 This matter was subject to arbitration on 26 and 27 September 2002 following
unsuccessful attempts at conciliation.

2 On hearing Mr RHull ofHealth and Research Employees' Association of New
South Wales (HAREA) appeared on behalf of Mr Robert Drinan, the applicant. Mr R De
Meyrick of counsel, instructed by Mr J Pomeroy, solicitor of Sparke Helmore, appeared
on behalf of the Hunter AreaHealth Service , the respondent employer.

3 MrHul l brought evidence from Ms Pamela Borthwick, employed by the respondent
as Assistant Manager Security, Greater Newcastle Sector, and as such the applicant\u2019s
supervisor; Mr Rodney Prouse, employed by the respondent as a Security Officer; and the
applicant. MrHul l also produced an affidavit from Mr Raymond Marsh, employed by the
respondent as Nurse Manager Level 2, After Hours Supervisor, Morisset Hospital, who
was not required for cross examination.

4 Mr De Meyrick brought evidence from Dr Colin Kable, employed by the respondent in his capacity as a Psychiatrist; Ms Jacqueline Causer, employed by the respondent as a casual Registered Nurse; and Mr Paul Moore, employed by the respondent as a Human Resources Consultant, who was not required for cross examination; and Ms Karen Wales, employed by the respondent as a Registered Nurse.

THE EVIDENCE

5 The applicant commenced employment with the respondent on 26 September 1994 as
a Cook, a position he occupied until 1999 when he was redeployed into the position of
Security Officer as part of a restructure of the respondent\u2019s organisation. The applicant\u2019s
employment was terminated on 4 August 2002.

6 A useful chronology of relevant events emerges from the evidence, which I set out
below:
\u00b7 1987 - Applicant obtained Security licence pursuant to the relevant legislation

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