Goodwin v Secretary of the Ministry of Health (in respect of the Ambulance Service of New South Wales) [2016] NSWIRComm 1044

Industrial Relations Commission New South Wales Medium Neutral Citation: Goodwin v Secretary of the Ministry of Health (in respect of the Ambulance Service of New South Wales) [2016] NSWIRComm 1044 Hearing dates: 28 & 29 July, 7 & 8 September 2016 Date of orders: 02 December 2016 Decision date: 02 December 2016 Before: Murphy C Decision: The appeal by Dane Goodwin against the reduction in his classification or position is allowed Catchwords: PUBLIC SECTOR DISCIPLINARY APPEAL – findings of misconduct – money collected from staff members to pay for clothing ordered from Canterbury – failure to pay for clothing – failure to act honestly and with integrity – investigation report – disciplinary process – procedural fairness – sustained findings of misconduct – reduction in classification or position – appeal – onus of proof – evidentiary burden – standard of proof – appeal allowed Legislation Cited: Industrial Relations Act 1996 Health Services Regulation 2013 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Director- General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523 Bigg and Another v New South Wales Police Service (1998) 80 IR 434 Secretary, Department of Justice v Schoeman [2014] NSWIRComm 40 Brady (Inspector of Taxes) v Group Lotus Car Cos pls and another [1987] 3 All ER 1050 Category: Principal judgment Parties: Dane Anthony Goodwin (Applicant)

Secretary of the Ministry of Health (in respect of the Ambulance Service of New South Wales) (Respondent) Representation: Counsel: Mr A Gotting (Respondent)