Redmond v Director General, NSW Department of Health, on behalf of the Ambulance Service of New South Wales [2012] NSWIRComm 147

Industrial Relations Commission New South Wales Medium Neutral Citation: Redmond v Director General, NSW Department of Health, on behalf of the Ambulance Service of New South Wales [2012] NSWIRComm 147 Hearing dates: 17/07/2012 Decision date: 14 December 2012 Before: Walton J Vice-President; Backman J; Bishop C Decision: (1) Leave to appeal is granted; (2) The appeal is allowed; (3) The order made on 13 October 2010 is quashed; (4) The matter is referred to a Member of the Commission (allocated by the President) to be determined in accordance with this decision. Catchwords: APPLICATION FOR LEAVE TO APPEAL AND APPEAL - ambulance officer dismissed from employment for misconduct - allegation of misconduct concerned administration of fentanyl intravenously without authorisation - appellant applied to Commission for relief against unfair dismissal under Pt 6 of Ch 2 of the Industrial Relations Act 1996 (the Act) - application dismissed - whether adequate reasons provided by Commissioner - content of reasons considered - whether Commissioner was obliged to provide reasons - whether wrong approach to issue of whether misconduct occurred - consideration of scope and effect of a remitter under s 192(1) of the Act - orders Legislation Cited: Ambulance Services Regulation 2005 Evidence Act 1995 Government and Related Employees Appeal Tribunal Act 1980 Industrial Relations Act 1996 Public Sector Act 1979 Workplace Relations Act 1996 (Cth) Cases Cited: Ambulance Service of NSW v Buchtmann [2007] NSWIRComm 18 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 CGEA Transport Limited T/as Southtrans v Transport Workers' Union of Australia [2001] NSWIRComm 287; (2001) 110 IR 211 Commissioner of Police v Evans [2006] NSWIRComm 170 Director of Public Employment, by his agent the Director-General of the Department of Juvenile Justice v Public Service Association (on behalf of Brown) (2008) 184 IR 134 Edwards v Giudice (1999) 169 ALR 89 Lee v Energy Australia (No 4) [2011] NSWIRComm 120 Lord v Flight Centre (No 2) [2006] NSWIRComm 282 Mifsud v Campbell (1991) 21 NSWLR 725 Monier PGH (Holdings) Limited v Horsey and Another (1998) 86 IR 63 Our Town FM Pty Ltd v Australian Broadcasting Tribunal (No 1) (1987) 16 FCR Public Employment, Office Department of Attorney General and Justice (Corrective Services NSW) v Silling [2012] NSWIRComm 118 Public Services Board (NSW) v Osmond (1986) 159 CLR 656 Soliman v University of Technology Sydney [2012] FCAFC 146 Soliman v University of Technology, Sydney [2010] FWA 8639 Soliman v University of Technology, Sydney [2011] FWAFB 1427 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Spillard v Patrick Stevedores Holdings Pty Ltd (2010) 193 IR 184 State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) (1999) 73 ALJR 306 Webb v Goulburn Masonic Village [2004] NSWIRComm 258; (2004) 136 IR 309 Category: Principal judgment Parties: Peter Redmond (Appellant) Director General, NSW Department of Health, on behalf of the Ambulance Service of New South Wales (Respondent) Representation: B D Dooley SC with T R Edwards of counsel (Appellant) S J E Prince of counsel (Respondent) Harris Wheeler Lawyers (Appellant) Lander & Rogers Lawyers (Respondent) File Number(s): IRC 1688 of 2011 Decision under appeal Citation: Peter Redmond and Director General, NSW Department of Health, on behalf of the Ambulance Service of NSW [2011] NSWIRComm 1051 Date of Decision: 2011-10-13 00:00:00 Before: Tabbaa C File Number(s): IRC 428 of 2010