Notification under section 130 by Shop, Distributive and Allied Employees' Association, New South Wales of a dispute with Roche Products Pty Ltd re warning [2005] NSWIRComm 1014

Notification under section 130 by Shop, Distributive and Allied Employees' Association, New South Wales of a dispute with Roche Products Pty Ltd re warning [2005] NSWIRComm 1014

The Commission found that Simon Baxter's actions amounted to intimidation and a serious breach of his basic safety obligations, justifying the final written warning, and that the evidence did not support any wrongdoing by Joanne King; intervention by the Commission was not warranted.

Jurisdiction
Australia
Judgment Date
11 February 2005
Procedural Posture
Industrial Dispute Notification Under Section 130 / Final Decision After Hearing
Outcome
Application dismissed
Legal Topics
['disciplinary Warning' 'workplace Safety' 'employee Conduct' 'intimidation' "commission's Intervention"]
['industrial Relations'] ['disciplinary Warning' 'workplace Safety' 'employee Conduct' 'intimidation' "commission's Intervention"]

Case Brief

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Procedural Posture

Industrial Dispute Notification Under Section 130 / Final Decision After Hearing

Legal Issues

  1. 1 ['Whether the final written warning issued to Simon Baxter was justified' 'Whether a similar warning should have been issued to Joanne King' 'Should the Commission intervene to remove or dilute the warning to Simon Baxter']

Ratio Decidendi

The Commission found that Simon Baxter's actions amounted to intimidation and a serious breach of his basic safety obligations, justifying the final written warning, and that the evidence did not support any wrongdoing by Joanne King; intervention by the Commission was not warranted.

Court Disposition

Application dismissed

Orders

  • ['No order to remove or downgrade the warning to Simon Baxter' 'No order for a warning to be issued to Joanne King' 'Application dismissed and matter concluded']