Bindley v Secretary, Industrial Relations for Corrective Services NSW [2017] NSWIRComm 1026

Industrial Relations Commission New South Wales Medium Neutral Citation: Bindley v Secretary, Industrial Relations for Corrective Services NSW [2017] NSWIRComm 1026 Hearing dates: 19, 20 April 2017 Date of orders: 21 April 2017 Decision date: 21 April 2017 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Public sector disciplinary appeal dismissed Catchwords: PUBLIC SECTOR DISCIPLINARY APPEAL - hearing de novo – Commission not to confine itself to misconduct alleged – appeal does not turn on whether misconduct as alleged occurred - respondent to appeal not confined to matters on which disciplinary action taken - no requirement on the Commission to make a finding that misconduct occurred – these propositions doubted but followed as binding PUBLIC SECTOR DISCIPLINARY APPEAL – jurisdiction protective of public service and public PUBLIC SECTOR DISCIPLINARY APPEAL - Commission to determine whether the decision imposed was correct or preferable decision in the circumstances PRECEDENT – decision of Industrial Court binding on Commission – to be followed even if doubted OBLIGATIONS OF EMPLOYEES WITHIN UNIFORMED SERVICES – employees within hierarchical rank structure obliged to obey orders – orders to be obeyed even if employee has different view of appropriate practice SUSPENSION OF EMPLOYEES – employees suspended may suffer losses other than pecuniary losses Legislation Cited: Industrial Relations Act 1996 ss.100C(2), 100(C(3) Evidence Act 1995 s.140 Cases Cited: Calman v Commissioner for Police (1999) 167 ALR 91 Secretary, Department of Justice v Schoeman (2014) NSWIR 40 Category: Principal judgment Parties: Mr Matthew Bindley (appellant) Secretary for Industrial Relations for Corrective Services NSW (respondent) Representation: Counsel: R Reitano (appellant) S B Benson (respondent )