Miller v NSW Attorney General's Department [2006] NSWIRComm 322

Industrial Relations Commission of New South Wales

CITATION: Miller v NSW Attorney General's Department [2006] NSWIRComm 322

PARTIES: Bradley Robert Miller NSW Attorney General's Department

FILE NUMBER(S): IRC 85 of 2006

CORAM: Grayson DP

Unfair dismissal - senior public servant - 23 years service with respondent department - applicant dismissed for alleged misconduct involving fellow employees - alleged sexual misconduct outside of work hours - pub culture - allegations of binge drinking - whether applicant was afforded procedural fairness - witness and informant relied upon by investigator not called to give sworn evidence - credibility of witnesses - conflicting evidence - reinstatement order sought - practicability of reinstatement CATCHWORDS: Held - applicant's dismissal harsh and unreasonable - reinstatement ordered

Anti Discrimination Act 1977 LEGISLATION CITED: Industrial Relations Act 1996 Public Sector Employment and Management Act 2002

CCH Australia Ltd v Bowen (1998) 79 IR 206 Hardie Ferodo Pty Ltd v NSW Nurses Association, McClelland, J No. 562 of 1978, 28 November 1978 CASES CITED: Hollingsworth v Commissioner of Police (1999) 88 IR 282 Hornsby Shire Council v Hunt (2002) 115 IR 461 Hussein v Westpac Banking Corporation (1995) 59 IR 103 Perkins v Grace Worldwide (Aust) Pty Ltd (1997) 72 IR 186

HEARING DATES: 17/05/06, 22/05/06, 23/05/06, 24/05/06, 07/08/06, 07/09/06

DATE OF JUDGMENT: 10/13/2006

Applicant Mr S Coleman of counsel Luke Adamson and Co Solicitors (Mr L Adamson) LEGAL REPRESENTATIVES: Respondent Mr G de Courcey Ms K Kerr Crown Solicitor's Office