Way v Department of Family and Community Services [2017] NSWIRComm 1062

Industrial Relations Commission New South Wales Medium Neutral Citation: Way v Department of Family and Community Services [2017] NSWIRComm 1062 Date of orders: 22 September 2017 Decision date: 22 September 2017 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: 1. The appeal of Sharon Way in this matter is allowed.

2. The decision of Pamela Brunner, as delegated decision maker for the respondent, that the appellant's classification and grade be reduced to that of Disability Support Worker Year 10 with effect from 24 March 2017 is varied to the extent that the appellant's classification and grade be restored to that of Team Leader with effect from 22 September 2017.

3. These orders take effect from today's date, 22 September 2017. Catchwords: PUBLIC SECTOR DISCIPLINARY APPEAL – Team Leader – group home for disabled residents – two allegations of misconduct – foam wedges used to assist in positioning of resident without approval from qualified professional – doctor prescribed antibiotics for resident – prescription not filled – allegation that Team Leader directed staff to not get prescription filled – disciplinary investigation – allegations sustained – Team Leader reduced in classification and grade to Disability Support Worker Year 10 – Team Leader claimed professional assistance unavailable at time wedges were used – Team Leader claimed she forgot about prescription due to pressure of work – gross negligence – protective jurisdiction – penalty warranted – indefinite reduction in classification and grade too harsh a penalty – appeal allowed – decision varied – penalty altered to reduction in classification and grade for six months Legislation Cited: Industrial Relations Act 1996 Government Sector Employment Act 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 Category: Principal judgment Parties: Sharon Way (Appellant)