HREA on behalf of Robert Drinan v Hunter Area
Health Service  NSWIRComm 270 (18 October
Last Updated: 1 November 2002
NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION
CITATION : HREA on behalf of Robert Drinan v Hunter AreaHealth Service
FILE NUMBER(S): IRC 4434
HEARING DATE(S): 26/09/2002, 27/09/2002
DECISION DATE: 18/10/2002
JUDGMENT OF: Harrison DP LEGAL REPRESENTATIVES APPLICANT:
Mr R De Meyrick of Counsel
Mr J Pomeroy
Sparke Helmore Solicitors
CASES CITED: Samad v PublicService Board; Government & Related Employees
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
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
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.
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.
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