Holland v Industrial Relations Secretary on behalf of the Department of Communities and Justice [2022] NSWIRComm 1106

Industrial Relations Commission New South Wales Medium Neutral Citation: Holland v Industrial Relations Secretary on behalf of the Department of Communities and Justice [2022] NSWIRComm 1106 Hearing dates: 3 and 4 November 2022 Date of orders: 4 November 2022 Decision date: 04 November 2022 Jurisdiction: Industrial Relations Commission Before: Commissioner O'Sullivan Decision: An order that the applicant be reinstated with continuity of employment and no back pay and that he is issued with an official reprimand for the Assault Incident. Such order to take effect 14 days from the date of this decision. Catchwords: hearing de novo – disciplinary action - misconduct –dismissal- Commission to determine whether misconduct occurred and whether the disciplinary penalty imposed was correct in all the circumstances or whether an alternative sanction should be substituted- alternate disciplinary penalty of official reprimand and no back pay. Legislation Cited: Government Employment Sector Act 2013 (NSW) Industrial Relations Act 1996 (NSW) Cases Cited: Allison v Commissioner of Police [2018] NSWIRComm 1005. Eastwood v Industrial Relations Secretary on behalf of Department of Communities and Justice [2021] NSWIRComm 1014 Marroun v State Transit Authority [2017] NSWCA 273 McDiarmid v Commissioner of Police [2012] NSWIRComm 100 Pillai v Messiter (No 2) (1989) 16 NSWLR 197 Texts Cited: NIL Category: Principal judgment Parties: Dean Holland (appellant)

Industrial Relations Secretary on behalf of the Department of Communities and Justice (Respondent) Representation: Counsel: