Santos v Secretary, Industrial Relations for Corrective Services NSW [2017] NSWIRComm 1052

Industrial Relations Commission New South Wales Medium Neutral Citation: Santos v Secretary, Industrial Relations for Corrective Services NSW [2017] NSWIRComm 1052 Hearing dates: 17 July 2017 Date of orders: 11 August 2017 Decision date: 11 August 2017 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Public sector disciplinary appeal upheld Catchwords: PUBLIC SECTOR DISCIPLINARY APPEAL - disobedience of Governor's direction – misconduct – disciplinary sanction warranted – officer demoted – demotion appropriate – appeal upheld only to the extent that demotion ought be for a fixed period of two years rather than indefinitely 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 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 Legislation Cited: Industrial Relations Act 1996 ss.100C(2), 100(C(3) Crimes (Administration of Sentences) Regulation 2014 rr 100, 242, 251, 253 Cases Cited: Bindley v Secretary, Industrial Relations for Corrective Services NSW [2017] NSWIRComm 1026 Calman v Commissioner for Police (1999) 167 ALR 91 Chambers v Jobling (1986) 7 NSWLR 1 Director-General, Department of Ageing, Disability and Home Care v Lambert (2009) 74 NSWLR 523 Gilmore v Allied Express Transport Pty Ltd [2006] NSWIRComm 16 Marroun v State Transit Authority [2016] NSWIRComm 1003 Secretary, Department of Justice v Schoeman (2014) 86 NSWLR 749 Category: Principal judgment Parties: Mr Florencio Santos (appellant) Secretary for Industrial Relations for Corrective Services NSW (respondent) Representation: Mr A Wright, PSA (applicant) Mr C Fesel, solicitor (respondent) File Number(s): 2017/00062186 Publication restriction: None