Michael Evans v Industrial Relations Secretary on behalf of the Department of Justice (Corrective Services NSW) [2018] NSWIRComm 1075

Industrial Relations Commission New South Wales Medium Neutral Citation: Michael Evans v Industrial Relations Secretary on behalf of the Department of Justice (Corrective Services NSW) [2018] NSWIRComm 1075 Hearing dates: 30 and 31 October 2018 Date of orders: 29 November 2018 Decision date: 29 November 2018 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The appeal is dismissed Catchwords: PUBLIC SECTOR DISCIPLINARY APPEAL – correctional officer dismissed following convictions for out-of-hours criminal conduct – principles to be applied on appeal – misconduct found – mitigating factors considered – decision to dismiss upheld Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 (NSW) s 13(1) Government Sector Employment Act 2013 (NSW) ss 47, 50, 69 Industrial Relations Act 1996 (NSW) ss97, 98, 100C, 100D Liquor Act 2007 (NSW) s 77(4) Cases Cited: Calman v Commissioner of Police (1999) 73 ALJR 1609; [1999] HCA 60 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 Maritime Services Board v Murray (1993) 52 IR 455 Marroun v State Transit Authority [2017] NSWCA 273 Secretary, Department of Justice v Schoeman (2014) 86 NSWLR 749; [2014] NSWIRComm 40 Category: Principal judgment Parties: Michael Evans (Appellant)

Industrial Relations Secretary on behalf of the Department of Justice (Corrective Services NSW) (Respondent) Representation: Counsel: