Public Service Association and Professional Officers' Association amalgamated Union of New South Wales (on behalf of Andrew McCaskill) and Department of Attorney General and Justice [2014] NSWIRComm 1009

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association amalgamated Union of New South Wales (on behalf of Andrew McCaskill) and Department of Attorney General and Justice [2014] NSWIRComm 1009 Hearing dates: 18 and 19 February 2014 Decision date: 17 April 2014 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM Decision: Claim upheld. Catchwords: Unfair Dismissal; Inappropriate, unacceptable and unprofessional conduct; breach of confidentiality; treatment meted out to Applicant to harsh compared to the treated meted out to another Officer in similar circumstances; reinstatement ordered with strict conditions attached. Legislation Cited: Industrial Relations Act 1996 Crown Employees (Public Service Conditions of Employment) Award 2009 Government Sector Employment Act 2013 (formerly Public Service Employment and Management Act 2002) Anti-Discrimination Act 1977 (NSW) Cases Cited: Alexander v Commissioner of Police [2009] NSWIRComm 3; Budlong v NCR Australia Pty Limited [2006] NSWIRComm 288 Johnston v Commissioner of Police [2007] NSWIRComm 293; NSW Health Services Northern Sydney Local Health District v Hargreaves [2012] NSWIRComm 123 NSW Attorney General's Department v Miller [2007] NSWIRComm 33; B Rose v Telstra Corporation Limited (Print Q9292, 4 December 1998) Category: Principal judgment Parties: Mr Andrew McCaskill and Department of Attorney General and Justice Representation: Mr I Latham (Counsel for the Applicant) Mr M Easton (Counsel for the Respondent) Ms A Dorahy, Hugh & Associates, Lawyers Mr G Boyd, Crown Solicitors Office (Respondent) File Number(s): IRC 981 of 2013