Industrial Relations Secretary v Wattie [2017] NSWSC 1662

Supreme Court New South Wales

Medium Neutral Citation: Industrial Relations Secretary v Wattie [2017] NSWSC 1662 Hearing dates: 22 November 2017 Decision date: 30 November 2017 Jurisdiction: Common Law Before: Adamson J Decision: (1) Pursuant to Uniform Civil Procedure Rules, r 59.10, extend the time to commence the proceedings up to and including 17 May 2017.

(2) Set aside the decision of the Industrial Relations Commission made by Commissioner Murphy on 11 October 2016.

(3) Set aside the decision of the Full Bench of the Industrial Relations Commission made on 28 February 2017.

(4) Remit the defendant's application under s 84 of the Industrial Relations Act 1996 (NSW) to the Industrial Relations Commission to be determined according to law.

(5) Unless there is a written application to my Associate for a different order within seven days hereof, order the defendant to pay the plaintiff's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW – jurisdictional error – whether refusal of leave by Full Bench of Industrial Relations Commission against decision of Commissioner affected by jurisdictional error itself involved jurisdictional error

ADMINISTRATIVE LAW – inference drawn from reasons of Commissioner that regulatory context not taken into account, notwithstanding that it was, as a matter of necessary implication, a mandatory relevant consideration – jurisdictional error established

INDUSTRIAL LAW – what was required to determine whether dismissal was harsh – whether regulatory context was required to be considered in the context of a correctional services officer who assaulted three separate inmates on three occasions – HELD –seriousness of misconduct was required to be assessed to determine whether dismissal was harsh – assessment of seriousness required consideration of regulatory and policy context