Lichi v Industrial Relations Secretary on behalf of Department of Communities and Justice [2022] NSWIRComm 1011

Industrial Relations Commission New South Wales Medium Neutral Citation: Lichi v Industrial Relations Secretary on behalf of Department of Communities and Justice [2022] NSWIRComm 1011 Hearing dates: 10 February 2022 Date of orders: 10 February 2022 Decision date: 10 March 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Compensation ordered in the amount of 12 weeks' pay Catchwords: UNFAIR DISMISSAL – Child Protection Caseworker – attendance at 'World Freedom Rally' – breach of public health order – publication on social media of posts 'highly derogatory' of government and government officials – personal circumstances of applicant – dismissal not unjust or unreasonable but harsh – compensation ordered Legislation Cited: Government Sector Employment Act 2013 Industrial Relations Act 1996 Government Sector Employment (General) Rules 2014 Cases Cited: Byrne v Australian Airlines Ltd (1995) 185 CLR 410 Department of Health v Perihan Kaplan [2010] NSWIRComm 65 Director General, New South Wales Department of Health v Industrial Relations Commission of New South Wales [2010] NSWCA 47 Hansen v Secretary of the Department of Transport – as head of the Transport Service and exercising the employer function of staff of Roads and Maritime Services [2016] NSWIRComm 1011 Texts Cited: Department of Communities and Justice Code of Ethical Conduct Category: Principal judgment Parties: Vanessa Lichi (Applicant) Industrial Relations Secretary on behalf of Department of Communities and Justice (Respondent) Representation: Counsel: Mr J Polese (Applicant) Mr A Joseph (Respondent) Solicitors: Mr S Banga, Banga Legal (Applicant) Mr S Bridgeford, Department of Communities and Justice (Respondent) File Number(s): 2021/00275001 Publication restriction: Nil