William James Sandilands v Industrial Relations Secretary on behalf of Legal Aid NSW [2018] NSWIRComm 1051

Industrial Relations Commission New South Wales Medium Neutral Citation: William James Sandilands v Industrial Relations Secretary on behalf of Legal Aid NSW [2018] NSWIRComm 1051 Hearing dates: 6 August 2018 Date of orders: 28 August 2018 Decision date: 28 August 2018 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The unfair dismissal application made by William James Sandilands is dismissed. Catchwords: UNFAIR DISMISSAL – criminal conduct – domestic violence – applicant a solicitor with Legal Aid – applicant concedes dismissal not unjust – whether a sufficient connection between the misconduct and the applicant's employment – regulatory context of employment considered – respondent committed to promoting awareness and prevention of domestic and family violence – applicant a senior employee – connection with employment found – legitimate for respondent to seek to protect its reputation – risk of harm to reputation – dismissal not unreasonable – factors weighing in favour of harshness considered – mitigating factors do not outweigh seriousness of applicant's misconduct – dismissal not harsh – application dismissed Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Government Sector Employment Act 2013 (NSW) Industrial Relations Act 1996 (NSW) Cases Cited: Byrne & Anor v Australian Airlines Ltd [1995] HCA 24; (1995) 61 IR 32 Corrective Services NSW v Danwer [2013] NSWIRComm 61 Department of Health v Perihan Kaplan [2010] NSWIRComm 65 Hansen v Secretary of the Department of Transport – as head of the Transport Service and exercising the employer function of staff of Roads and Maritime Services [2016] NSWIRComm 1011 Outboard World Pty Limited (t/a Budget Waste Control (Sydney)) v Muir (1993) 51 IR 167 Wattie v Industrial Relations Secretary on behalf of the Secretary of the Department of Justice (No 2) [2018] NSWCA 124 Western Suburbs District Ambulance Committee v Tipping [1957] AR (NSW) 273 Category: Principal judgment Parties: William James Sandilands (Applicant)