Paulson v Industrial Relations Secretary (Department of Justice) [2017] NSWIRComm 1037

Industrial Relations Commission New South Wales Medium Neutral Citation: Paulson v Industrial Relations Secretary (Department of Justice) [2017] NSWIRComm 1037 Hearing dates: 27, 28 & 29 March 2017, written submissions on 4 May 2017 Decision date: 07 July 2017 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The Department is ordered to pay to the applicant a sum equivalent to 13 weeks' pay calculated at the rate of pay applicable to the position occupied by applicant immediately before the termination of his employment on 20 October 2014. Catchwords: UNFAIR DISMISSAL – Sheriff's Officer – 42 allegations of misconduct – investigation report – 34 allegations substantiated – decision to terminate applicant's employment after giving opportunity to resign – majority of substantiated allegations not proven on balance of probabilities – proven allegations not sufficiently serious to justify dismissal – dismissal harsh – reinstatement and re-employment impracticable – compensation ordered Legislation Cited: Industrial Relations Act 1996 Government Sector Employment Act 2013 Court Security Act 2005 Civil and Administrative Tribunal Act 2013 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Metropolitan Meat Industry Board v Australasian Meat Industry Employees' Union, NSW Branch [1973] AR (NSW) 231 Pastrycooks, Biscuit Makers & Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No 3) (1990) 35 IR 70 Franklins Ltd v Webb (1997) 72 IR 257 Perfection Dairies Pty Ltd v Finn (2006) 151 IR 197 Category: Principal judgment Parties: Craig Anthony Paulson (Applicant)