Dey v Industrial Relations Secretary on behalf of the Department of Communities and Justice (Community Services) (No 3) [2023] NSWIRComm 1111

Industrial Relations Commission New South Wales Medium Neutral Citation: Dey v Industrial Relations Secretary on behalf of the Department of Communities and Justice (Community Services) (No 3) [2023] NSWIRComm 1111 Hearing dates: 3 November 2023 Date of orders: 3 November 2023 Decision date: 03 November 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner McDonald Decision: (1) Radhiga Dey is to be reinstated to the position of Senior Caseworker, Case Management and Parental Responsibility Team based in Parramatta, on terms not less favourable than those that would have been applicable but for her dismissal, effective from 23 November 2023. (2) Ms Dey's employment with the respondent is to be taken as not having been broken by virtue of her dismissal. (3) Ms Dey shall be paid remuneration equal to the amount she would have received but for being dismissed on and from 16 March 2022, through to 22 November 2023, less any amounts she has earned for the provision of her personal services during that period but not including money received for being a foster carer. (4) I direct Ms Dey to provide documentary evidence to the Respondent of the amounts she has earned for the provision of her personal services during the stated period, not including money received for being a foster carer, by no later than 10 November 2023. (5) I direct the Respondent to provides its assessment of the money to be paid to Ms Dey pursuant to Order 3 by not later than 17 November 2023. (6) I direct Ms Dey to respond to the Respondent's assessment by no later than 22 November 2023. (7) I direct the Respondent to pay the amounts ordered to be paid pursuant to Order 3 by no later than 28 November 2023. (8) I grant the parties liberty to apply to have the matter relisted in the event there is a dispute about the quantum to be paid to Ms Dey pursuant to Order 3 by no later than 23 November 2023. (9) If no application to re-list the matter is made on or before 23 November 2023, the Application will stand dismissed. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Termination — Statutory rights — Unfair dismissal – Granting of relief pursuant to s 89 of the Industrial Relations Act 1996 (NSW) Legislation Cited: Evidence Act 1995 (NSW) Government Sector Employment Act 2013 (NSW) Industrial Relations Act 1996 (NSW), s 89 Long Service Leave Act 1995 (NSW) Cases Cited: Dey v Industrial Relations Secretary on behalf of the Department of Communities and Justice (Community Services) (No 2) [2023] NSWIRComm 1094 Director-General, NSW Health Department v Industrial Relations Commission of New South Wales [2010] NSWCA 47; 77 NSWLR 159 Category: Consequential orders Parties: Radhiga Dey (Applicant) Industrial Relations Secretary on behalf of the Department of Communities and Justice (Community Services) (Respondent) Representation: Applicant (Self-represented) L Molenaar (Respondent) File Number(s): 2022/268473 Publication restriction: Nil