Schoeman v Secretary, Department of Justice [2014] NSWIRComm 1028

Industrial Relations Commission New South Wales Medium Neutral Citation: Schoeman v Secretary, Department of Justice [2014] NSWIRComm 1028 Hearing dates: 23 October 2014 Decision date: 31 October 2014 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Appeal upheld Catchwords: Public sector disciplinary appeal - remitted from Industrial Court to be determined according to law - punishment of dismissal - dismissal for misconduct - misconduct not made out - whether disciplinary regime punitive or protective - in dealing with disciplinary appeals Commission to have regard to all circumstances, not just question of misconduct - statutory provisions addressing obligations of public servants - role of trust and confidence in employment relationship - overall employment relationship considered - appeal upheld - punishment of dismissal set aside. Legislation Cited: Industrial Relations Act 1996 ss. 98, 100B, 100C, 100D, 146 Public Sector Employment and Management Act 2002 ss.3B, 41 Public Sector Employment and Management Amendment (Ethics and Public Sector Commissioner) Act 2011 Cases Cited: Secretary, Department of Justice v Schoeman [2014] NSWIRComm 40 Calman v Commissioner of Police [1999] HCA 60; (1999) 167 ALR 91 Perkins v Grace Worldwide (Aust) Pty Ltd (1997) 72 IR 186 Schoeman v Director-General, Department of Attorney-General and Justice [2013] NSWIRComm 1018 Wentworth v NSW Bar Association (Supreme Court of NSW, Campbell J, 23 December 1992, unrep) Category: Principal judgment Parties: Ms F Schoeman - appellant Secretary, Department of Justice - respondent Representation: Mr D Nagle - appellant Mr S Benson - respondent Maurice Blackburn Lawyers - appellant Crown Solicitor's Office - respondent File Number(s): IRC 100 of 2013