Knowles v Health Secretary, in respect of the Ambulance Service of NSW [2022] NSWIRComm 1043

Industrial Relations Commission New South Wales Medium Neutral Citation: Knowles v Health Secretary, in respect of the Ambulance Service of NSW [2022] NSWIRComm 1043 Hearing dates: 13, 14, 15 December 2021; Final submissions filed 18 March 2022 Date of orders: 16 June 2022 Decision date: 16 June 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Appeal disallowed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Public sector disciplinary appeal – dismissal – homophobic comment in the workplace – inappropriate communications about staff members with direct manager over extended period of time - communications had a connection with workplace - workplace culture and behaviours in the workplace generally – request to manager for answers to questions in job application – applicant used his position to facilitate free entry for manager into concert - consideration of mitigating factors – long and unblemished service history – conduct condoned by manager - insight into contribution to negative workplace culture – appeal dismissed Legislation Cited: Industrial Relations Act 1996 (NSW), Ch 2 Pt 7, s 163 Cases Cited: Bossak v Health Secretary in respect of Murrumbidgee Local Health District [2020] NSWIRComm 1009 Briginshaw v Briginshaw (1938) 60 CLR 336 Eastwood v Industrial Relations Secretary on behalf of the Department of Communities and Justice (Corrective Services NSW) [2021] NSWIRComm 1014 Jones v Dunkel (1959) 101 CLR 298 Marroun v State Transit Authority [2017] NSWCA 273 X (a pseudonym) v Secretary, Department of Education [2021] NSWIRComm 1089 Category: Principal judgment Parties: Brian Knowles (appellant) Health Secretary, in respect of the Ambulance Service of NSW (respondent) Representation: Solicitors: McNally Jones Staff Lawyer (appellant) Bartier Perry (respondent) File Number(s): 2021/240824 Publication restriction: Nil