Industrial Relations Secretary v Fraser (No 2) [2015] NSWIRComm 10

Industrial Relations Commission New South Wales Medium Neutral Citation: Industrial Relations Secretary v Fraser (No 2) [2015] NSWIRComm 10 Hearing dates: Written submissions 13 and 18 February and directions hearing 3 March 2015 Date of orders: 17 March 2015 Decision date: 17 March 2015 Jurisdiction: Industrial Court of NSW Before: Walton J, President; Tabbaa C; Stanton C Decision: The Full Bench orders: (1) The application in matter number IRC 823 of 2013 is dismissed. (2) The parties may file any submission, in writing, as to the proper title of the appellant within seven days of the date of this decision. Catchwords: Unfair dismissal proceedings – whether dismissal harsh, unreasonable or unjust – relevant principles – not unjust as guilty of central allegations – not unreasonable as dismissal not decided on inferences which could not reasonably have been drawn – harshness – proportionality – personal and economic circumstances – gravity of misconduct – misconduct serious – aggravating factors – mitigating factors – length of service, history of service and classification, age, adverse financial implications – balancing of considerations – dismissal not harsh – application dismissed Legislation Cited: Industrial Relations Act 1996 Police Act 1990 Public Sector Employment and Management Act 2002 Cases Cited: Byrne v Australian Airlines Ltd [1995] HCA 24; (1995) 185 CLR 410 Corrective Services NSW and Fraser [2015] NSWIRComm 1 Department of Health v Perihan Kaplan [2010] NSWIRComm 65 Fraser v Corrective Services NSW [2014] NSWIRComm 21 Lawrance v Commissioner of Police [2010] NSWIRComm 149; (2010) 199 IR 139 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWCA 112 Vouden v Commissioner of Police NSW Police Force [2014] NSWIRComm 25 Category: Principal judgment Parties: Corrective Services NSW (Appellant) Steven Fraser (Respondent) Representation: Counsel: S B Benson (Appellant) R Reitano (Respondent)