Gordon v Juvenile Justice Dept.NSW [2009] NSWIRComm 1046

Industrial Relations Commission of New South Wales

CITATION: Gordon v Juvenile Justice Dept.NSW [2009] NSWIRComm 1046

APPLICANT: PARTIES: Mr Neil Gordon RESPONDENT: Juvenile Justice Department NSW

FILE NUMBER(S): 184 of 2009

CORAM: Ritchie C

Unfair dismissal termination of employment employee terminated misconduct - three reasons given. application 30 days out of time. Applicant had difficulty obtaining legal advice over Christmas/New Year holiday period. Had financial difficulty with the fee.Had placed respondent on notice that he would appeal the decision to terminate. CATCHWORDS: Applicant had established sufficient reason for Commission to exercise discretion. Commission found proven the first two reasons for termination but also found that the applicant had not been trained in the procedure and that this was his first time in carry out the procedure. Senior officer watched process but did not intervene. No disciplinary action taken against this officer. Commission found that the none complying with procedure did not warrant termination. The Commission found that the respondent had not proven misconduct with respect to the third reason for termination. CCTC inconclusive and no supportive evidence from witnesses appeared before Commission. Commission found termination harsh, unjust and unreasonable. Ordered reinstatement and backpay.

LEGISLATION CITED: Industrial Relations Act 1996