Shonit Kumar Danwer v Corrective Services NSW [2013] NSWIRComm 1009

Industrial Relations Commission New South Wales Medium Neutral Citation: Shonit Kumar Danwer v Corrective Services NSW [2013] NSWIRComm 1009 Hearing dates: 21 May 2013 Decision date: 27 May 2013 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Applicant reinstated. No order as to remuneration. Catchwords: Dismissal of employee following criminal conviction - conviction for conduct while off duty - relevance of conviction to duties - whether employee recognises wrongdoing - relevance of employee's attitude to his duties as a correctional services officer - dismissal harsh - primary remedy. Legislation Cited: Industrial Relations Act 1996 s.84, 89; Crimes Act 1900 s.61N; Public Sector Employment and Management Act 2002 ss. 41, 43, 48. Cases Cited: Toshack v Commissioner of Police [2009] NSWIRComm 31 National Union of Workers, NSW Branch (on behalf of Khan) v Cuno Pacific Pty Ltd [2005] NSWIRComm 388, 146 IR 441 Bankstown City Council v Paris (1999) 100 IR 363 Rogers v R (1994) 181 CLR 251 Silling v Corrective Services NSW [2011] NSWIRComm 1056 NSW Attorney-General's Department v Miller [2007] NSWIRComm 33 Public Employment Office, Department of Attorney General and Justice v Silling [2012] NSWIRComm 118 Director-General, NSW Department of Health v Industrial Relations Commission of NSW [2010] NSWCA 47 Danwer v Corrective Services NSW [2012] NSWIRComm 1024. Category: Principal judgment Parties: Mr Shonit Kumar Danwer Applicant Corrective Services NSW Respondent Representation: Ms E Brus (Respondent) Mr S Ryan (Applicant) Corporate Counsel, Department of Attorney General and Justice (Respondent) File Number(s): IRC 1241 of 2012