Doyle v Taronga Conservation Society Australia [2021] NSWIRComm 1005

Industrial Relations Commission New South Wales Medium Neutral Citation: Doyle v Taronga Conservation Society Australia [2021] NSWIRComm 1005 Hearing dates: 22 October 2020; 4, 7 December 2020 Date of orders: 1 February 2021 Decision date: 01 February 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Appeal upheld Catchwords: PUBLIC SECTOR DISCIPLINARY APPEAL – termination of employment – appellant engaged as a gardener – employee terminated as though he was in probation – employee not given an opportunity to address concerns with respect to his conduct and behaviour – conduct and behaviour concerns of the respondent substantiated – employee acted unprofessionally and resisted performance planning process – termination not appropriate - appeal allowed Legislation Cited: Government Sector Employment Act 2013 (NSW) Government Sector Employment (General) Rules 2014 Industrial Relation Amendment (Public Sector Appeals) Bill 2010 Industrial Relations Act 1996 (NSW) Cases Cited: Brindley v Secretary, Industrial Relations for Corrective Services NSW [2017] NSWIRComm 1026 Hossain v Minister for Immigration and Border Protection (2018) 264 CLR 123 Maritime Services Board v Murray (1993) 52 IR 455 Marroun v State Transit Authority (2017) 96 NSWLR 295 Rail Corporation of New South Wales v Elleray [2013] NSWIRComm 86 Secretary, Department of Justice v Schoeman (2014) 86 NSWLR 749 State of NSW v Kable (2013) 252 CLR 188 Category: Principal judgment Parties: William Doyle (appellant) Taronga Conservation Society Australia (respondent) Representation: Counsel: Mr D Nagle (for the appellant) Ms L Saunders (for the respondent)