Amanda Cush and Public Employment Office (Department of Infrastructure, Planning and Natural Resources – now Department of Natural Resources) [2006] NSWIRComm 1115

Industrial Relations Commission of New South Wales

CITATION: Amanda Cush and Public Employment Office (Department of Infrastructure, Planning and Natural Resources – now Department of Natural Resources) [2006] NSWIRComm 1115

APPLICANT Amanda Cush PARTIES: RESPONDENT Public Employment Office (Department of Infrastructure, Planning and Natural Resources – now Department of Natural Resources)

FILE NUMBER(S): IRC 5160 of 2005

CORAM: McKenna C

CATCHWORDS: Unfair dismissal – temporary public sector employee – general manager – range of grievances and allegations against applicant by employees and union – independent investigator appointed to investigate allegations – some findings adverse to applicant by investigator – employer found misconduct involved - decision to caution and performance manage the applicant - insufficient evidence to disturb finding of investigation or misconduct - evidence did not support any improper targeting of applicant – subsequent decision made to redeploy/dismiss on management-related grounds rather than misconduct grounds – process concerning decision to redeploy/dismiss procedurally unfair to applicant - dismissal harsh, unreasonable, unjust – reinstatement and re-employment impracticable - compensation ordered

LEGISLATION CITED: Industrial Relations Act 1996 s84, 89(6) Public Sector Employment and Management Act 2002 s27, 30

CASES CITED: Smith v Director General of School Education (1993) 51 IR 204

HEARING DATES: 27/06/2006

DATE OF JUDGMENT: 07/18/2006

APPLICANT Mr M Easton of counsel Etheringtons, solicitors LEGAL REPRESENTATIVES: