Public Service Association And Professional Officers' Association Amalgamated Union Of New South Wales (On Behalf Of Christopher Arthur Sweet) And Department Of Juvenile Justice [2008] NSWIRComm 188

Industrial Relations Commission of New South Wales

CITATION: Public Service Association And Professional Officers' Association Amalgamated Union Of New South Wales (On Behalf Of Christopher Arthur Sweet) And Department Of Juvenile Justice [2008] NSWIRComm 188

APPLICANT PARTIES: Public Service Association And Professional Officers' Association Amalgamated Union Of New South Wales (On Behalf Of Christopher Arthur Sweet) RESPONDENT Department Of Juvenile Justice

FILE NUMBER(S): IRC 381 of 2008

CORAM: Harrison DP

CATCHWORDS: Application for relief from unfair dismissal - Allegation of excessive use of force in restraint - examination of CCTV - role of youth officers to set example for behaviour modification - compliance with Departmental procedures Held - Force applied not excessive - no failure to comply with Departmental procedures in circumstances - termination of employment harsh, unreasonable and unjust - no practical impediment to reinstatement - reinstatement ordered with no loss of income, entitlements, or continuity of service.

LEGISLATION CITED: Industrial Relations Act 1996 Children (Detention Centres) Regulation 2005

CGEA Transport Ltd t/as Southtrans v Transport Workers' Union of Australia [2001] NSWIRComm 287 Corbeski v Bluescope Steel (AIS) Pty Limited [2006] NSWIRComm 1170 CASES CITED: HREA o/b Robert Drinan v Hunter Area Health Service [2002] NSWIRComm 270 Woods & Hunter Area Health Service [1999] NSWIRComm 102 Jupiter General Insurance Company Limited v. Andeshir Bomanji Shroff (1937) 3 All ER 67