Woods v Industrial Relations Secretary on behalf of the Office of the Director of Public Prosecutions [2021] NSWIRComm 1054

Industrial Relations Commission New South Wales Medium Neutral Citation: Woods v Industrial Relations Secretary on behalf of the Office of the Director of Public Prosecutions [2021] NSWIRComm 1054 Hearing dates: 7 April 2021 Date of orders: 13 July 2021 Decision date: 13 July 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: 1. The Appeal is allowed. 2. The decision to reduce Mr Woods' remuneration from Legal Level 2 Step 5 to Legal Level 2 Step 3 for 12 months is set aside. 3. Mr Woods' remuneration be reduced from Legal Level 2 Step 5 to Legal Level 2 Step 4 for 12 months, commencing from the first full pay period on or after 27 July 2021. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Public sector – disciplinary action – inappropriate behaviour by solicitor in conference with complainant in criminal proceedings – reduction in remuneration imposed – whether misconduct occurred – consideration of seriousness of misconduct – consideration of appropriate disciplinary action Legislation Cited: Government Sector Employment Act 2013 ss 50, 69 Government Sector Employment Rules 2014 Industrial Relations Act 1996 (NSW) Ch 2 Pt 7, ss 98, 100C, 164A Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Calman v Commissioner of Police (1999) 73 ALJR 1609; [1999] HCA 60 Denise McKay v Department of Family & Community Services [2018] NSWSC 44 Maritime Services Board v Murray (1993) 52 IR 455 Marroun v State Transit Authority [2017] NSWCA 273 Pastrycooks Employees, Biscuit Makers and Flour and Sugar Goods Workers' Union v Gartrell White (No 3) (1990) 35 IR 70 Re Equiticorp Finance Ltd; Ex parte Brock (No 2) (1992) 27 NSWLR 391 Texts Cited: Nil Category: Principal judgment Parties: Peter Gerard Woods (Appellant) Industrial Relations Secretary (Respondent) Representation: Counsel: Sebastian De Brennan (Respondent)