Perks and Petroski and New South Wales Department of Juvenile Justice [2005] NSWIRComm 458

Industrial Relations Commission of New South Wales

CITATION: Perks and Petroski and New South Wales Department of Juvenile Justice [2005] NSWIRComm 458

APPLICANT Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Hayden Perks and Mladen Petroski) PARTIES: RESPONDENT New South Wales Department of Juvenile Justice

FILE NUMBER(S): 3124 and 3220 of 2005

CORAM: Sams DP

Termination of employment - dismissal of two Youth Officers employed in juvenile justice centre - unfair dismissals - allegations of misconduct - incident involving four officers and detainee - annonymous informant - allegations contested - balance of probabilities - past history of detainee - failure to report incident - whether incident involved use of force - failure to report use of force - allegations against detainee - failure to report minor misbehaviour - respondent's policies and procedures - first hand evidence - preliminary interviews - reliance on handwritten notes - notes not provided to applicants - version of interviews contested - procedural unfairness - whether dismissals harsh, unjust or unreasonable - reinstatement sought. CATCHWORDS: Held, applicants' evidence not accepted - other corroborative evidence to be preferred - implausible and improbable explanations by applicants - detainee and officers engaged in an act of horseplay - detainee had not complained - no use of force - no misbehaviour by detainee - no basis to criticise investigation - answers during preliminary investigation more likely to be the truth - applicants less than truthful - conduct of proceedings - duty of fidelity to employment relationship broken - dismissals not harsh, unreasonable or unjust - applications for relief dismissed.