McFadyen v Industrial Relations Secretary in respect of the Department of Climate Change, Energy, the Environment and Water [2024] NSWIRComm 1026

Industrial Relations Commission New South Wales Medium Neutral Citation: McFadyen v Industrial Relations Secretary in respect of the Department of Climate Change, Energy, the Environment and Water [2024] NSWIRComm 1026 Hearing dates: 11 and 12 March 2024 Date of orders: 22 April 2024 Decision date: 22 April 2024 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The application is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Termination – Statutory rights – Unfair dismissal – employee failed to conduct airport inspections – falsification of records in a manner which suggested inspection done – whether dismissal disproportionate to the gravity of the misconduct Legislation Cited: Civil Aviation Safety Regulations 1998 (Cth) Pt 139 Government Sector Employment Act 2013 ss 7, 20, 69 Industrial Relations Act 1996 ss 84,88 State Records Act 1998 s 12 Cases Cited: Corrective Services NSW v Danwer [2013] NSWIRComm 61 Denise McKay v Department of Family & Community Services [2018] NSWSC 44 Industrial Relations Secretary v Fraser (No 2) [2015] NSWIRComm 10 Krix v Director-General, Department of Education and Communities [2014] NSWIRComm 1000 McDiarmid v Commissioner of Police [2012] NSWIRComm 100 North v Television Corporation Ltd (1976) 11 ALR 599 Pastrycooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No. 3) (1990) 35 IR 70 Starr v Commissioner of Police [2001] NSWIRComm 226 Wang v Crestell Industries Pty Ltd (1997) 73 IR 454 Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Texts Cited: Nil Category: Principal judgment Parties: James Ian McFadyen (Applicant) Industrial Relations Secretary (Respondent) Representation: M Jaloussis, McNally Jones Staff (Applicant) S McCarthy of Counsel (Respondent) Kingston Reid (Respondent) File Number(s): 2023/00308555 Publication restriction: No