Director General, NSW Department of Education and Training v Sud [2010] NSWIRComm 147

Industrial Relations Commission of New South Wales

CITATION: Director General, NSW Department of Education and Training v Sud [2010] NSWIRComm 147

PARTIES: Director General, NSW Department of Education and Training (Appellant) Jitendra Mohan Sud (Respondent)

FILE NUMBER(S): IRC 700 of 2010

CORAM: Walton J Vice-President; Staff J; Lynch A C

CATCHWORDS: UNFAIR DISMISSAL - termination of employment - appeal - leave to appeal - proper administration of justice - administration of teacher improvement program - finding at first instance that respondent to be placed on informal support program correct - entirety of the charges of misconduct predicated on false premise - charges of misconduct therefore without foundation - finding that dismissal unjust sustained - failure to consider other grounds in error, but may be sustained on another basis - failure of Commissioner to consider requirements of s 89 of the Industrial Relations Act - whether reinstatement impracticable - error of law - appeal upheld to extent of decision - Full Bench consider relief on appeal - remedy - reinstatement not impracticable - reinstatement ordered but not full back pay - Industrial Relations Act 1996 (NSW), s 84, s 89.

LEGISLATION CITED: Industrial Relations Act 1996 (NSW)

Jitendra Mohan Sud v NSW Department of Education and Training [2010] NSWIRComm 1024 CASES CITED: NSW Attorney General's Department v Miller (2007) 160 IR 185 Re Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and Macquarie Generation [2004] NSWIRComm 11

HEARING DATES: 11 October 2010

DATE OF JUDGMENT: 3 November 2010