Collins v Industrial Relations Secretary on behalf of the Department of Justice (Corrective Services NSW) [2017] NSWIRComm 1051

Industrial Relations Commission New South Wales Medium Neutral Citation: Collins v Industrial Relations Secretary on behalf of the Department of Justice (Corrective Services NSW) [2017] NSWIRComm 1051 Date of orders: 07 August 2017 Decision date: 07 August 2017 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The applicant is reinstated. No order is made for back pay. Catchwords: UNFAIR DISMISSAL – Correctional Officer – 22 year unblemished career – OIC on hospital escort duty – inmate released from handcuffs and ankle cuffs to take shower – inmate escaped through bathroom window – Critical Incident Review – five allegations of misconduct by applicant – breaches of procedures – false or misleading statement – allegations not all proven – errors of judgement – proven allegations not of sufficient seriousness to warrant dismissal – dismissal harsh unreasonable and unjust – reinstatement not impracticable – reinstatement ordered – no order for back pay Legislation Cited: Crimes (Administration of Sentences) Regulation 2014 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: Norman Collins (Applicant)

Industrial Relations Secretary on behalf of the Department of Justice (Corrective Services NSW) (Respondent) Representation: Counsel: Mr R Reitano (Applicant) Ms R Graycar (Respondent)