PSA and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Lloyd Kerr) and Director of PE by her Agent the Director-General of the Department of Juvenile Justice [2009] NSWIRComm 1034

Industrial Relations Commission of New South Wales

CITATION: PSA and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Lloyd Kerr) and Director of PE by her Agent the Director-General of the Department of Juvenile Justice [2009] NSWIRComm 1034

APPLICANT Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales PARTIES: (on behalf of Lloyd Kerr) RESPONDENT Director of Public Employment by her Agent the Director-General of the Department of Juvenile Justice

FILE NUMBER(S): 1232 of 2008

CORAM: Stanton C

CATCHWORDS: Application for relief from unfair dismissal - alleged assault - investigation procedures - onus of proof - misconduct occurred as alleged - Category One Notification to Commission for Children and Young People - Statutory Scheme considered - examination of CCTV footage - compliance with applicable laws, regulations and departmental policies - was misconduct found - was disciplinary action taken by the Director General harsh, unjust or unreasonable HELD: Finding of misconduct - disciplinary action taken by Director General was not harsh, unjust or unreasonable - application dismissed

Children (Detention Centres) Act 1987 Children (Detention Centres) Regulation 2005 Children and Young Persons (Care and Protection) Act 1998 LEGISLATION CITED: Commission for Children and Young People Act 1998 Industrial Relations Act 1996 Occupational Health and Safety Act 2000 Ombudsman Act 1974 Public Sector Employment and Management Act 2002