Director of PE His Agent The Director-General of The Department Of Juvenile Justice and PSA and Professional Officers' Association Amalgamated Union of NSW (On Behalf of Elvin Brian Brown) [2008] NSWIRComm 221

Industrial Relations Commission of New South Wales

CITATION: Director of PE His Agent The Director-General of The Department Of Juvenile Justice and PSA and Professional Officers' Association Amalgamated Union of NSW (On Behalf of Elvin Brian Brown) [2008] NSWIRComm 221

DIRECTOR OF PUBLIC EMPLOYMENT BY HIS AGENT THE DIRECTOR-GENERAL OF THE DEPARTMENT OF JUVENILE JUSTICE Appellant PARTIES: PUBLIC SERVICE ASSOCIATION AND PROFESSIONAL OFFICERS' ASSOCIATION AMALGAMATED UNION OF NEW SOUTH WALES (ON BEHALF OF ELVIN BRIAN BROWN) Respondent

FILE NUMBER(S): IRC 1748 and 1904 of 2008

CORAM: Schmidt J; Grayson DP; Bishop C

CATCHWORDS: Appeal - application for leave to appeal, appeal and cross appeal - youth officer summarily dismissed at Juvenile Justice Centre - investigation procedures - summary dismissal and statutory scheme considered - question as to whether misconduct occurred - was dismissal warranted in the circumstances - was the decision to dismiss harsh, unreasonable or unjust - whether reinstatement was impracticable - whether re-employment should be ordered - leave to appeal is granted in both appeal and cross appeal - appeal upheld - orders set aside - cross appeal dismissed

Children (Detention Centres) Act 1987 Children (Detention Centres) Regulation 2005 LEGISLATION CITED: Commission for Children and Young People Act 1998 Industrial Relations Act 1996 Public Sector Employment and Management Act 2002

Briginshaw v Briginshaw (1938) 60 CLR 336 Byrne v Australian Airlines Limited (1995) 185 CLR 410 Director-General of Education v Suttling (1987) 162 CLR 427 Entertainment Distributors Company Pty Limited and Anor v Burnard and Ors (1993) 49 IR 446 In Re Dispute - Dismissal of Union Delegates at Homebush Abattoir [1966] AR (NSW) 371 CASES CITED: Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR 449 New South Wales Nurses' Association (on behalf of Colin Prior) v South Eastern Sydney & Illawarra Area Health Service (2007) 164 IR 225 New South Wales Department of Education and Training v New South Wales Teachers Federation (on behalf of Mossfield) (2006) 155 IR 257 North v Television Corporation Ltd (1976) 11 ALR 599 Pastrycooks, Biscuit Makers & Flour & Sugar Goods Workers Union (NSW) v Gartrell White (No 3) (1990) 35 IR 70 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Elvin Brian Brown) and Department of Juvenile Justice [2008] NSWIRComm 154 Webb v Goulburn Masonic Village (2004) 136 IR 309