Public Service Association and Professional Officers Association Amalgamated Union of New South Wales on behalf of Pearcey, Barnett and Woelfl v Department of Attorney General and Justice - Corrective Services NSW [2012] NSWIRComm 33

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers Association Amalgamated Union of New South Wales on behalf of Pearcey, Barnett and Woelfl v Department of Attorney General and Justice - Corrective Services NSW [2012] NSWIRComm 33 Hearing dates: 20 April 2012 Decision date: 24 April 2012 Jurisdiction: Industrial Relations Commission Before: Boland J, President Decision: (1) In matter No IRC 504 of 2012 the employer shall not dismiss David Pearcey pending the hearing and determination of the proceedings. (2) In matter No IRC 505 of 2012 the employer shall not dismiss Matthew Barnett pending the hearing and determination of the proceedings. (3) In matter No IRC 506 of 2012 the employer shall not dismiss Richard Woelfl pending the hearing and determination of the proceedings. (4) The files in the foregoing matters are allocated to Kavanagh J for hearing and determination with a request that her Honour deal with the matters expeditiously. (5) Liberty to apply on reasonable notice. Catchwords: UNFAIR DISMISSAL - Interlocutory applications in relation to threatened dismissal of three correctional officers - Officers charged with and found guilty of misconduct in relation to the death of an inmate at Grafton Correctional Centre in 2010 - Applications that the employment of the three officers not be terminated pending the hearing and determination of threatened dismissal claims - Principles to be applied in making orders under s 89(7) of the Industrial Relations Act 1996 - Orders made that the employer not dismiss the officers pending the hearing and determination of the proceedings - Matters allocated to member of Commission with request that the matters be dealt with expeditiously. Legislation Cited: Industrial Relations Act 1996 Public Sector Employment and Management Act 2002 Cases Cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 ASMOF o/b Elizabeth Benson and Western Sydney Area Health Service [2003] NSWIRComm 337 Australian Salaried Medical Officers' Federation (New South Wales) on behalf of Professor Bruce Hall and South Western Sydney Area Health Service [2003] NSWIRComm 8 Australian Salaried Medical Officers' Federation (New South Wales) (on behalf of Dhayanithi Sivathondan) and South Western Sydney Area Health Service [2002] NSWIRComm 98 ASMOF (NSW) (on behalf of Dr Wojtulewicz) v Director General of NSW Health Service (Children's Hospital at Westmead) [2008] NSWIRComm 229 Beecham Group Ltd v Bristol Laboratories Pty Ltd [1968] HCA 1; (1968) 118 CLR 618 Hill v Director-General of the Department of Education and Training (1998) 85 IR 201 Western Sydney Area Health Service v Australia Salaried Medical Officers' Federation (NSW) [2004] NSWIRComm 246; (2004) 138 IR 203 Category: Interlocutory applications Parties: Public Service Association and Professional Officers Association Amalgamated Union of New South Wales on behalf of David Pearcey, Matthew Barnett and Richard Woelfl (Applicant) Department of Attorney General and Justice - Corrective Services NSW (Respondent) Representation: Ms P Lowson of counsel (Applicant) Mr J Murphy of counsel (Respondent) W G McNally Jones Staff, solicitors (Applicant) Corrective Services NSW (Respondent) File Number(s): IRC 504 of 2012 IRC 505 of 2012 IRC 506 of 2012