Denise Drake-Brockman -v- Minister for Health in his incorporated capacity under section 7 of the Hospitals and Health. Health Services Act (WA) as the hospitals formerly comprised in the Metropolitan Health Services Board

Document Type: Order

Matter Number: U 82/2010

Matter Description: Order s.29(1)(b)(i) Unfair Dismissal

Industry: Health Services

Jurisdiction: Single Commissioner

Member/Magistrate name: Commissioner S M Mayman

Delivery Date: 17 Oct 2011

Result: Order issued

Citation: 2011 WAIRC 00963

WAIG Reference: 91 WAIG 2248

DOC | 43kB
2011 WAIRC 00963

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES DENISE DRAKE-BROCKMAN
APPLICANT
-V-
MINISTER FOR HEALTH IN HIS INCORPORATED CAPACITY UNDER SECTION 7 OF THE HOSPITALS AND HEALTH. HEALTH SERVICES ACT (WA) AS THE HOSPITALS FORMERLY COMPRISED IN THE METROPOLITAN HEALTH SERVICES BOARD
RESPONDENT
CORAM COMMISSIONER S M MAYMAN
DATE MONDAY, 17 OCTOBER 2011
FILE NO/S U 82 OF 2010
CITATION NO. 2011 WAIRC 00963

Result Order issued
Representation
APPLICANT MR M CLANCY AS AGENT

RESPONDENT MR D MATTHEWS OF COUNSEL


Order

WHEREAS on 12 August 2011 the Commission issued Reasons for Decision in this matter; and

WHEREAS on 5 October 2011 a conference and hearing in relation to the issuance of a Minute was convened; and

WHEREAS written submissions were sought from the parties relating to how this matter ought be published, whether by their initials or by their full name (applicant) and title (respondent); and

WHEREAS agent for the applicant opposed the names of the applicant and the title of the respondent being referred to in full; and

WHEREAS counsel for the respondent opposed the names of the applicant and the title of the respondent being referred to by their initials; and

WHEREAS having considered the submissions of both parties the Commission is of the view that it is appropriate to issue the minute in full, particularly as the Reasons for Decision are already published in that form on the Commission website; and

WHEREAS having considered the submissions of both parties the Commission is of the view that it is appropriate to issue the minute in the terms as follows:

NOW THEREFORE having heard Mr Clancy as agent for the applicant and Mr D Matthews of counsel on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby:

1. DECLARES that the respondent harshly, oppressively and unfairly dismissed the applicant on 28 April 2010.
2. ORDERS that the respondent shall reinstate the applicant in her employment, to her former position, as if her contract of employment had not been terminated on 28 April 2010, within fourteen (14) days of the date of the issuance of this order.
3. ORDERS that the respondent reinstate the applicant’s accrued entitlements and that her service with the respondent be regarded as continuous for all purposes including long service leave.
4. ORDERS that the respondent shall pay the applicant within fourteen (14) days of the date of the issuance of this order an amount of money in respect of all remuneration lost by the applicant by reason of her termination of her contract of employment an amount of $46,096.97 and in addition shall contribute $2704.48 to the applicant's superannuation fund.









COMMISSIONER S M MAYMAN

Denise Drake-Brockman -v- Minister for Health in his incorporated capacity under section 7 of the Hospitals and Health. Health Services Act (WA) as the hospitals formerly comprised in the Metropolitan Health Services Board

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

 

PARTIES Denise Drake-Brockman

APPLICANT

-v-

Minister for Health in his incorporated capacity under section 7 of the Hospitals and Health. Health Services Act (WA) as the hospitals formerly comprised in the Metropolitan Health Services Board

RESPONDENT

CORAM Commissioner S M Mayman

DATE Monday, 17 October 2011

FILE NO/S U 82 OF 2010

CITATION NO. 2011 WAIRC 00963

 

Result Order issued

Representation

Applicant Mr M Clancy as agent

 

Respondent Mr D Matthews of counsel

 

 

Order

 

WHEREAS on 12 August 2011 the Commission issued Reasons for Decision in this matter; and

 

WHEREAS on 5 October 2011 a conference and hearing in relation to the issuance of a Minute was convened; and

 

WHEREAS written submissions were sought from the parties relating to how this matter ought be published, whether by their initials or by their full name (applicant) and title (respondent); and

 

WHEREAS agent for the applicant opposed the names of the applicant and the title of the respondent being referred to in full; and

 

WHEREAS counsel for the respondent opposed the names of the applicant and the title of the respondent being referred to by their initials; and

 

WHEREAS having considered the submissions of both parties the Commission is of the view that it is appropriate to issue the minute in full, particularly as the Reasons for Decision are already published in that form on the Commission website; and

 

WHEREAS having considered the submissions of both parties the Commission is of the view that it is appropriate to issue the minute in the terms as follows:

 

NOW THEREFORE having heard Mr Clancy as agent for the applicant and Mr D Matthews of counsel on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby:

 

1. DECLARES that the respondent harshly, oppressively and unfairly dismissed the applicant on 28 April 2010.

2. ORDERS that the respondent shall reinstate the applicant in her employment, to her former position, as if her contract of employment had not been terminated on 28 April 2010, within fourteen (14) days of the date of the issuance of this order.

3. ORDERS that the respondent reinstate the applicant’s accrued entitlements and that her service with the respondent be regarded as continuous for all purposes including long service leave.

4. ORDERS that the respondent shall pay the applicant within fourteen (14) days of the date of the issuance of this order an amount of money in respect of all remuneration lost by the applicant by reason of her termination of her contract of employment an amount of $46,096.97 and in addition shall contribute $2704.48 to the applicant's superannuation fund. 

 

 

 

 

 

 

 

 

 

COMMISSIONER  S M MAYMAN