Parkinson & Mayne Nickless Express [2004] NSWIRComm 1105

Parkinson & Mayne Nickless Express [2004] NSWIRComm 1105

The Commission found that there was no conspiracy against Mr Parkinson, that the evidence established he drove his forklift at Mr Gimbert in a dangerous and malicious way in an attempt to cause grievous harm, and that this conduct breached workplace safety standards and the employment relationship. The termination was therefore not harsh, unjust or unreasonable.

Jurisdiction
Australia
Judgment Date
10 December 2004
Procedural Posture
Application Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Decision After Hearing
Outcome
Application dismissed; case concluded subject to arguments on costs.
Legal Topics
['termination of Employment' 'unfair Dismissal' 'workplace Safety' 'misconduct' 'procedural Fairness' 'alleged Conspiracy']
['industrial Relations' 'employment Law' 'occupational Health and Safety'] ['termination of Employment' 'unfair Dismissal' 'workplace Safety' 'misconduct' 'procedural Fairness' 'alleged Conspiracy']

Case Brief

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Procedural Posture

Application Re Unfair Dismissal Pursuant to Section 84 of the Industrial Relations Act 1996 / Decision After Hearing

Legal Issues

  1. 1 ['Whether the Applicant deliberately operated a forklift in an unsafe manner which put another employee at risk or whether the incident was an accident.' 'Whether the Applicant was treated with procedural fairness in the investigation and termination process.' 'Whether the termination was harsh, unjust or unreasonable.' 'Whether there was evidence of a conspiracy between the Company and the Union to remove the Applicant from the workplace.']

Ratio Decidendi

The Commission found that there was no conspiracy against Mr Parkinson, that the evidence established he drove his forklift at Mr Gimbert in a dangerous and malicious way in an attempt to cause grievous harm, and that this conduct breached workplace safety standards and the employment relationship. The termination was therefore not harsh, unjust or unreasonable.

Court Disposition

Application dismissed; case concluded subject to arguments on costs.

Orders

  • ['This application is dismissed.' 'The case is concluded subject to arguments on costs.']