Margaret Isabel McAuliffe and Director General, Department of Premier and Cabinet, on behalf of the Depart of Attorney General and Justice (Corrective Services NSW) [2013] NSWIRComm 1015

Industrial Relations Commission New South Wales Medium Neutral Citation: Margaret Isabel McAuliffe and Director General, Department of Premier and Cabinet, on behalf of the Depart of Attorney General and Justice (Corrective Services NSW) [2013] NSWIRComm 1015 Hearing dates: 06 - 08 March 2013 Decision date: 26 September 2013 Before: Tabbaa C AM Decision: Claim dismissed Catchwords: Unfair Dismissal application; Bullying and Harassment claims; Refusal to participate in mediation; Refusal to attend work until grievance dealt with and outcome known to Applicant; Failure to comply with lawful direction to attend medical assessment; Legislation Cited: Industrial Relations Act 1996 Industrial Relations Commission Rules 2009 Crown Employees (Public Service Conditions of Employment) Award 2009 Public Sector Employment and Management Act 2002 Category: Principal judgment Parties: Stephen Francis McAuliffe (Applicant's son) Representation: Ms P M Wass (for the Respondent) Ms Glenn Caren Singer (for the Respondent) File Number(s): IRC 938 of 2012

DECISION

Background 1Mrs Margaret Isabel McAuliffe (the Applicant) commenced full-time employment with the Respondent, Director General, Department of Premier and Cabinet, on behalf of the Department of Attorney General and Justice (Corrective Services NSW) as an Administration Assistant (Clerk Grade ¾) in January 1978 at the Probation and Parole Service District Office in Tumbarumba. She moved to the District Office in Wagga Wagga in 1992. Her employment was regulated by the provisions of the Crown Employees (Public Service Conditions of Employment) Award 2009.