Donald Harry Bethel and Director General, Department of Premier and Cabinet, Department of Attorney General and Justice (Corrective Services NSW) [2013] NSWIRComm 1006

Industrial Relations Commission New South Wales Medium Neutral Citation: Donald Harry Bethel and Director General, Department of Premier and Cabinet, Department of Attorney General and Justice (Corrective Services NSW) [2013] NSWIRComm 1006 Hearing dates: 23 August 201224 August 2012 Decision date: 12 April 2013 Before: Tabbaa C AM Decision: Claim Dismissed Catchwords: Unfair Dismissal application; Alleged head-butt of inmate; Charge of Common Assault; Guilty finding in Local Court; s 10 (1)(b) bond imposed for 12 months; Appeal to District Court; Guilty finding maintained but dismissed the charge pursuant to 10 (1)(a); Dismissal for serious misconduct; Applicant maintained denial of wrongdoing; No remorse or acknowledgement of gravity of actions; Respondent discharged onus of proof. Legislation Cited: Industrial Relations Act 1996 Crown Employees (Public Service Conditions of Employment) Award 2009; Public Sector Employment and Management Act 2002; Crimes Act 1900; Crimes (Sentencing Procedure) Act 1999 Cases Cited: Flanagan v Commissioner of Police [2010] NSWIRComm 7; 192 IR 88 Burrows v Commissioner of Police; Giardini v Commissioner of Police [2001] NSWIRComm 333 Martin Evans v NSW Police [2005] NSWIRComm 404 Stuart Boyd Formston v New South Wales Police [2006] NSWIRComm 88 Category: Principal judgment Parties: Applicant: PSA Respondent: Director General, Department of Premier and Cabinet, Department of Attorney General and Justice (Corrective Services NSW) Representation: Mr A Hatcher SC (for the Applicant) Mr J Murphy (for the Respondent) Mr M Jaloussis, Solicitor, W G McNally Jones Staff Ms C Thomas, (Legal Officer, Professional Standards Branch, Department of Attorney General and Justice (Corrective Services Branch)) File Number(s): IRC 570 of 2012