NSW Attorney General's Department v Miller [2007] NSWIRComm 33

Industrial Relations Commission of New South Wales

CITATION: NSW Attorney General's Department v Miller [2007] NSWIRComm 33

APPELLANT NSW Attorney General's Department PARTIES: RESPONDENT Bradley Robert Miller

FILE NUMBER(S): IRC 3397 and 3499 of 2006

CORAM: Wright J President; Harrison DP; Boland J

Appeal - Application for leave to appeal and appeal - Public sector employee in a senior position in Local Courts administration dismissed for harassment and sexual harassment of fellow employees - Employee reinstated at first instance - Appeal by employer against decision at first instance - Cross appeal by appellant regarding refusal at first instance to order costs in his favour - Meaning of harassment and sexual harassment - Harassment outside working hours - Charges of harassment and sexual harassment made out in part - Errors by Commission at first instance - Whether dismissal was harsh, unreasonable or unjust - Dismissal found to be harsh - Re-employment ordered on conditions - Leave to appeal on cross appeal refused CATCHWORDS: Unfair dismissal - Appeal - Application for leave to appeal and appeal - Public sector employee in a senior position in Local Courts administration dismissed for harassment and sexual harassment of fellow employees - Employee reinstated at first instance - Appeal by employer against decision at first instance - Cross appeal by appellant regarding refusal at first instance to order costs in his favour - Meaning of harassment and sexual harassment - Harassment outside working hours - Charges of harassment and sexual harassment made out in part - Errors by Commission at first instance - Whether dismissal was harsh, unreasonable or unjust - Dismissal found to be harsh - Re-employment ordered on conditions - Leave to appeal on cross appeal refused