Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales (o/b Paul Clark) and Family and Community Services [2016] NSWIRComm 1018

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (o/b Paul Clark) and Family and Community Services [2016] NSWIRComm 1018 Hearing dates: 28 - 30 April 2015 inclusive and 15 May 2015 Decision date: 17 May 2016 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM Decision: Claim dismissed Catchwords: Unfair Dismissal-Misconduct conceded-Failure to maintain professional boundaries-Failure to comply with lawful and reasonable management directives- Accessed private records without legitimate reason-Claim that ultimate sanction of dismissal was too harsh-Additional training and supervision would have been sufficient-Inability of the applicant to recognise the breaches or accept blame or feel remorse-Unable to be placed back in a position of case worker-claim dismissed. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Bankstown City Council and Peter John Paris [1999] NSWIRComm 368; Perkins v Grace Worldwide (Aust) Pty Ltd [1997] IRCA 15 (7 February 1997); Australian Services Union of NSW (o/b Valentina Angelovska) and St George Youth Services Inc. [2010] NSWIRComm 1051; Byrne v Australian Airlines Limited [1995] HCA 24; (1995) 185 CLR 410 Category: Principal judgment Parties: Public Service Association and Professional Officers Association Amalgamated union of NSW (Applicant) Family and Community Services (Respondent) Representation: Mr S Cosgrove (Applicant) Mr K G Bennett, Counsel (Respondent) File Number(s): IRC 576 of 2014; 2016/51580