Fraser v Corrective Services NSW [2014] NSWIRComm 21

Industrial Relations Commission New South Wales Medium Neutral Citation: Fraser v Corrective Services NSW [2014] NSWIRComm 21 Hearing dates: 14-15 April 2014 Decision date: 03 June 2014 Jurisdiction: Industrial Relations Commission Before: Harrison DP Decision: (1) Pursuant to section 89 (1) of the Industrial Relations Act 1996 Corrective Services NSW is ordered to reinstate Mr Steven Fraser to his former position on terms not less favourable than those that would have been applicable but for dismissal within 14 (fourteen) days of the date of this decision. (2) Pursuant to section 89 (3) of the Industrial Relations Act 1996 Corrective Services NSW is ordered to pay to Mr Steven Fraser the remuneration he would, but for being dismissed, have received before being reinstated in accordance with the order. (3) Pursuant to section 89 (4) of the Industrial Relations Act 1996 the period of employment of Mr Steven Fraser by Corrective Services NSW is taken not to have been broken by the dismissal. Catchwords: UNFAIR DISMISSAL - Allegations of misconduct. Held - Internal investigation fatally flawed - Evidence does not support allegations - Finding that conduct alleged did not occur - Termination harsh, unreasonable and unjust - Reinstatement ordered with no loss of wages or continuity of employment . Legislation Cited: Industrial Relations Act 1996 Cases Cited: Corrective Services NSW ats Danwer [2013] NSWIRComm 61; NSW Attorney General's Department v Miller (2006) 160 IR 185; Director of Public Employment v PSA (on behalf of Brown) 2008 184 IR 134; Commissioner of Corrective Services v Dezfouli [2008] NSWADTAP 8 Bradley George Hosemans v Commissioner of Police [2004] NSWIRComm 253 Category: Principal judgment Parties: Steven Fraser (Applicant) Corrective Services NSW (Respondent) Representation: Mr R Reitano (Applicant) Mr S Benson (Respondent) W G McNally Jones Staff (Applicant) File Number(s): IRC 823 of 2013