Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Sandra Gay) and Department of Corrective Services [2006] NSWIRComm 147

Industrial Relations Commission of New South Wales

CITATION: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Sandra Gay) and Department of Corrective Services [2006] NSWIRComm 147

APPELLANT: Public Service Association and Professional Officers' Association PARTIES: Amalgamated Union of New South Wales (on behalf of Sandra Gay)

RESPONDENT: Department of Corrective Services

FILE NUMBER(S): IRC 118 of 2006

CORAM: Walton J Vice-President; Schmidt J; Ritchie C

CATCHWORDS: Appeal - application for leave to appeal and appeal - dismissal - policy on alcohol and drugs - lawful direction to undertake a targeted drug test - refusal to undertake drug test - new policy restricting targeted testing to verified intelligence or compelling circumstantial evidence - no evidence of either evidentiary onus not met - no evidence of why decision to dismiss made rather than other available sanctions - dismissal unfair - leave to appeal granted - appeal upheld - reinstatement ordered on specified conditions

Crimes (Administration of Sentences) Act 1999 LEGISLATION CITED: Crimes (Administration of Sentences) Regulation 2001 Industrial Relations Act 1996 Occupational Health and Safety Act 2000

De Simone Consulting Pty Ltd v Ison (2000) 97 IR 478 CASES CITED: Gay v Department of Corrective Services [2005] NSWIRComm 1212 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Perrott v XcelleNet Australia Ltd (1998) 84 IR 255