Corrin v Mackay Base Hospital [1998] ICQ 32 (1998) 159 QGIG 3

2 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETfE 4 September, 1998 4 September, 1998 3 QUEENSLAND GOVERNMENT INDUSTRIAL, GAZETTE A F #######1################################################## QUEENSLAND INDUSTRIAL COURT Workplace Relations Act 1997 s. 360(2) - appeal from decision of industrial commission Christine Corrin AND Mackay Base Hospital (No. C33 of 1998) JUS11CE WILT.IAMS, President 25 August 1998 Cnfair dismissal - appeal limited to errocs cl law - no emxs cl law demonstrated. JUDGMENT The Appellant claimed she was unfairly dismissed from her position as au enrolled nurse at the Mackay Base Hospital on 9 December 1996. In consequence she applied to the Commission for relief, including reinstatement, pursuant to the provisions of Division 5 of Part 12 of the Jndu,ftrial Relations Act 1990. A full hearing of her application was held before Commissioner Swan in Mackay and her decision was handed down on 28 April 1998. In the final result it was held that "the employer has not breached the dismissal prnvisions cl the Act in deciding to terminate the services of Ms Corrin". It should he oh.served that the appellant appeared on her own behalf before the Commission, and I am satisfied from a perusal of 1he transcript that she was afforded all assistanre possible in the presentation cl her case. She also appeared in person on the hearing of the appeal and presented written and oral submissions to di.is Court. The respondent employer gave reasons of p<Xlf pertocmance and behaviour as the grounds for termination ci the appellant's employment. In broad terms Commissioner Swan concluded that the respondent was justified in so acting. In her reasons tor arriving at the concluBion she did Commissioner Swan reviewed the evidence at some length and analysed the critical aspects of it. I do not propose to reiterate in these reasons either details of that analysis or the specific conclusionB reached. This appeal is governed by the irovisions of s. 360 of the Workplace Relations Act 1997; critically for present purposes the appeal is limited to errors of law on the part of the Commissioner in arriving at the decision the subject of the appeal In the course of both oral and written submissions the appellant rnised a number ot issues and endeavoured to classify them as errors of law. However, all her complaints essentially relate to matters of fact. The appellant's main contention is that in making findings ct fact the Commissioner failed to have sufficient regard to her evidence and various submissions made thereon. I have considered the evidence as disclosed in the transcript and I have come to the conclusion that there was anq,le evidence to support ea...i1 of the findings of fact made by the Commissioner. 1n my view the appellant has not demonstrated any err(){ ct law in the reasoning process cl the Commissioner which vitiates her decision. It follows that the appeal should be dismissed. I make no order as to cost~. Dated this twenty-fifth day of August, 1998. G. WILLIAMS. President 27229 _I .DOC -- 1 of 2 -- 4 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE Appearances:- Appellant conducted her own case. Mr C. Murdoch (instructed by the Cro,.,.,'11 Solicitor) for the respondent. Released: 25 August 1998 ########################################################## 5 4 September, 1998 4 Septemher, 1998 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE -- 2 of 2 --