Dickson v Industrial Relations Secretary in respect of Department of Communities and Justice (Corrective Services NSW) (No 2) [2023] NSWIRComm 1031

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) (No 2) [2023] NSWIRComm 1031 Hearing dates: On the papers Date of orders: 14 April 2023 Decision date: 14 April 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner Muir Decision: (1) The respondent is directed to prepare by 21 April 2023 a calculation of the applicant's lost remuneration for the period 5 September 2022 to 19 March 2023, which is to include the applicant's ordinary pay, allowances, penalty rates and overtime, consistent with the reasons in this decision; (2) The applicant is directed to provide the respondent by 21 April 2023 a calculation of earnings, and evidence thereof, for the period 5 September 2022 to 19 March 2023; (3) The parties are directed to finalise short minutes of order which accord with the Reasons for Decision and this decision, and which includes orders for: (a) Reinstatement under s 89(1) of the Act; (b) Remuneration under s 89(3) of the Act calculated by deducting the amount in order (2) from order (1); (c) The amount referred to (b) above being paid to the applicant by the later of 5 May 2023, or 14 days from the applicant complying with order (2); and (d) Continuity under s 89(4) of the Act, which is to include that applicant's service is taken not to have been broken by the dismissal, and that the period between the applicant's dismissal and reinstatement is taken to be a period of employment for all purposes. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Termination — Statutory rights — Unfair dismissal — Reinstatement – Continuity of service – Scope of order – Overtime included in remuneration Legislation Cited: Industrial Relations Act 1996 ss 87, 89 Cases Cited: Dickson v Industrial Relations Secretary in respect of Department of Communities and Justice (Corrective Services NSW) [2023] NSWIRComm 1018 Lawrence v Commissioner of Police (No 2) [2010] NSWIRComm 173 Maxwell v Commissioner of Fire and Rescue NSW [2020] NSWIRComm 1024 New South Wales Local Government, Administrative, Energy, Airlines & Utilities Union (on behalf of Grose) v Griffith City Council [2006] NSWIRComm 1137 New South Wales Local Government, Administrative, Energy, Airlines & Utilities Union (on behalf of O'Hara) v Griffith City Council [2006] NSWIRComm 1102 Romeo v Griffith City Council [2023] NSWIRComm 1015 Category: Procedural rulings Parties: Matthew Dickson (Applicant) Industrial Relations Secretary in respect of Department of Communities and Justice (Corrective Services NSW) (Respondent) Representation: Union: Public Service Association of NSW (Applicant)