Dickson v Industrial Relations Secretary in respect of Department of Communities and Justice (Corrective Services NSW) [2023] NSWIRComm 1018

Industrial Relations Commission New South Wales Medium Neutral Citation: Dickson v Industrial Relations Secretary in respect of Department of Communities and Justice (Corrective Services NSW) [2023] NSWIRComm 1018 Hearing dates: 24 February, 1 March 2023 Decision date: 01 March 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: The dismissal of the applicant was harsh, unreasonable and unjust. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Termination — Statutory rights — Unfair dismissal – Broader statutory framework of employment – Criminal act – Opportunity to respond – Whether misconduct serious enough to warrant – Genuine consideration of employee response – Reinstatement – Backpay Legislation Cited: Government Sector Employment Act 2013 (NSW) Industrial Relations Act 1996 Crimes (Administration of Sentences) Regulation 2014 Cases Cited: Western Suburbs District Ambulance Committee v Tipping (19570 AR (NSW) 273 Byrne & Anor v Australian Airlines (1995) 61 IR 32 Little v Commissioner of Police (no 2) (2002) 112 IR 212 Riley v WorkCover Authority (NSW) (2006) 151 IR 396 NSW Health Services Northern Sydney Local Health District v Hargreaves [2012] NSWIRComm 123 Sydney Ferries v Seamen's o/b Levy Perkins v Grace Worldwide (Australia) Pty Ltd (1997) 72 IR 186 Corrective Services NSW v Danwer [20131 NSWIRComm 61 NUW (on behalf of Wayne Khan) v Cuno Pacific Pty Lid [2005] NSWIRComm 388 Dept of Health v Perihan Kaplan [2010] NSWIRComm 65 Wattie v Industrial Relations Secretary on behalf of the Secretary of the Dept of Justice (No 2) [2018] NSWCA 124 Sandilands v Industrial Relations Secretary (on behalf of Legal Aid NSW) (2018) 281 IR 175 Hollingsworth v Commissioner of Police (No 2) 88 IR 282 Sparks v Industrial Relations Secretary (in respect of the Department of Communities and Justice (Corrective services NSW)) [2022] NSWIRComm 1021 Corrective Services NSW v Danwer [2013] NSWIRComm 61 Category: Principal judgment Parties: Matthew Dickson (Applicant) Industrial Relations Secretary in respect of Department of Communities and Justice (Corrective Services NSW) (Respondent) Representation: Counsel: Mr L Saunders (Applicant) Ms P Thew (Respondent)