Director General, NSW Department of Health on behalf of the Ambulance Service of New South Wales and Peter Redmond [2013] NSWIRComm 107

Industrial Relations Commission New South Wales Medium Neutral Citation: Director General, NSW Department of Health on behalf of the Ambulance Service of New South Wales and Peter Redmond [2013] NSWIRComm 107 Hearing dates: 25/11/13 Decision date: 25 November 2013 Jurisdiction: Industrial Relations Commission Before: Walton J, Vice-President; Staff J; Backman J Decision: We order that: 1. Leave to appeal is granted. 2. The appeal is upheld. 3. The matter is referred to Newall C pursuant to s 192(1) (c) of the Industrial Relations Act 1996 for hearing. In accordance with this decision; and the terms of the Full Bench decision in Redmond v Director General, NSW Department of Health, on behalf of Ambulance Service of New South Wales [2012] NSWIRComm 147, in particular at [74]. In particular, the proceedings shall be conducted on the basis of the evidence before Harrison DP (for more abundant caution we treat MFI H1 as part of the evidence in those proceedings). The exhibits and the transcript of those proceedings before the Deputy President will be admitted as evidence in the proceedings before Newall C. In view of the conduct of the proceedings before Harrison DP we direct that Ms Horgan and Mr and Mrs B be available for crossexamination, subject to any application to the Commissioner for leave to be excused from that requirement. 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 appealed against decision of Harrison DP to reinstate the respondent - proceedings before Harrison DP conducted in a manner which was inconsistent with orders of the Full Bench in referring the matter for hearing, "to be determined in accordance with the [Full Bench decision]" - errors by Harrison DP identified - orders Legislation Cited: Industrial Relations Act 1996 Cases Cited: Paula Lee v Energy Australia (No 4) [2011] NSWIRComm 120 Redmond v Director General, NSW Department of Health, on behalf of Ambulance Service of New South Wales [2012] NSWIRComm 147 Category: Principal judgment Parties: Director General, NSW Department of Health, on behalf of Ambulance Service of New South Wales (Appellant) Peter Redmond (Respondent) Representation: R Kenzie SC with S J E Prince of counsel (Appellant) B D Dooley SC with T R Edwards of counsel (Respondent) Lander & Rogers Lawyers (Appellant) Harris Wheeler Lawyers (Respondent) File Number(s): IRC 523 of 2013 Decision under appeal Citation: Redmond v Director General, NSW Department of Health on behalf of the Ambulance Service of New South Wales [2013] NSWIRComm 36 Date of Decision: 2013-05-31 00:00:00 Before: Harrison DP File Number(s): IRC 428 of 2010