Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (CSNSW) [2016] NSWIRComm 1036

Industrial Relations Commission New South Wales Medium Neutral Citation: Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (CSNSW) [2016] NSWIRComm 1036 Hearing dates: 29, 30 August 2016 Date of orders: 11 October 2016 Decision date: 11 October 2016 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The application by Jason Wattie for reinstatement is granted Catchwords: UNFAIR DISMISSAL – Senior Correctional Officer – twenty two years service – decorated career – applicant experienced mental health issues – three assaults on inmates – two charges of common assault – one charge of assault occasioning actual bodily harm – applicant suffering from Post-Traumatic Stress Disorder (PSTD) Alcohol Use Disorder Major Depressive Disorder – assaults would likely be contributed by depressive symptoms and poor impulsive control – dismissal not unreasonable nor unjust – consideration of seriousness of misconduct against mitigating factors – dismissal harsh – reinstatement ordered – no order for back pay Legislation Cited: Crimes Act 1900 Mental Health (Forensic Provisions) Act 1990 Crimes (Sentencing Procedure) Act 1999 Government Sector Employment Act 2013 Cases Cited: Department of Health v Perihan Kaplan [2010] NSWIRComm 65 Corrective Services NSW v Danwer [2013] NSWIRComm 61 Category: Principal judgment Parties: Jason Wattie (Applicant)

Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (CSNSW) (Respondent) Representation: Counsel: Mr M Gibian (Applicant) Ms R Graycar (Respondent)