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 91 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2249 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. (Sgd.) S M MAYMAN, [L.S.] Commissioner. 2011 WAIRC 00993