Barbara Scott & Greyhound & Harness Racing Regulatory Authority [2009] NSWIRComm 1009

Barbara Scott & Greyhound & Harness Racing Regulatory Authority [2009] NSWIRComm 1009

Re-employment was practical and appropriate because the respondent had not established that there was no requirement for the Applicant in a full-time harness racing position, the Applicant continued to work as a casual member of the steward teams, there was no evidence of performance issues apart from alleged misconduct already dealt with, and without reinstatement or re-employment she would be unable to pursue her chosen career with the only employer in the industry in New South Wales.

Jurisdiction
Australia
Judgment Date
24 February 2009
Procedural Posture
Application by Barbara Scott Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Remedy Decision Following Earlier Findings That the Dismissal Was Harsh, Unreasonable and Unjust
Outcome
The Applicant was granted the remedy sought; the Respondent was ordered to re-employ her as a permanent full-time harness steward with continuity of service and back pay less earnings received.
Legal Topics
['re Employment' 'reinstatement' 'compensation' 'available Work' 'continuity of Service']
['industrial Relations' 'unfair Dismissal'] ['re Employment' 'reinstatement' 'compensation' 'available Work' 'continuity of Service']

Case Brief

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Procedural Posture

Application by Barbara Scott Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Remedy Decision Following Earlier Findings That the Dismissal Was Harsh, Unreasonable and Unjust

Legal Issues

  1. 1 ['Whether reinstatement or re-employment was a practical and appropriate remedy after the finding of harsh, unreasonable and unjust dismissal.' 'Whether an available position for re-employment required an existing vacancy.' "Whether the respondent's staffing requirements, trainee steward position, and forthcoming industry reforms made reinstatement or re-employment impracticable."]

Ratio Decidendi

Re-employment was practical and appropriate because the respondent had not established that there was no requirement for the Applicant in a full-time harness racing position, the Applicant continued to work as a casual member of the steward teams, there was no evidence of performance issues apart from alleged misconduct already dealt with, and without reinstatement or re-employment she would be unable to pursue her chosen career with the only employer in the industry in New South Wales.

Court Disposition

The Applicant was granted the remedy sought; the Respondent was ordered to re-employ her as a permanent full-time harness steward with continuity of service and back pay less earnings received.

Orders

  • ['The Greyhound and Harness Racing Regulatory shall re-employ Ms Barbara Scott to another position of permanent full-time harness steward.' "The Applicant's services shall be deemed not to have been broken by reason of the cessation of her temporary employment." 'The Respondent is required to pay to the Applicant a...