Francois v Industrial Relations Secretary (Department of Corrective Services) [2019] NSWIRComm 1058

Industrial Relations Commission New South Wales Medium Neutral Citation: Francois v Industrial Relations Secretary (Department of Corrective Services) [2019] NSWIRComm 1058 Hearing dates: 12 March 2019 Date of orders: 23 August 2019 Decision date: 23 August 2019 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC Decision: Appeal dismissed Catchwords: PUBLIC SECTOR DISCIPLINARY APPEAL – disciplinary decision to assign employee to a different role - whether an appealable decision – deferment of increment pending outcome of disciplinary process – proper characterisation of deferment – whether an appealable decision – whether such a decision needs to be a disciplinary decision in order to be appealable - cancellation of security clearance – whether a decision in relation to an appealable decision – Industrial Relations Act 1996 s 97 - meaning of "in relation to" – meaning of "reduce" – meaning of "position" – meaning of "give the employee notice in writing" Legislation Cited: Government Sector Employment Act 2013 (NSW). Government Sector Employment (General) Rules 2014 (NSW) Government Sector Employment Regulation 2014 (NSW) Industrial Relations Act 1996 (NSW) Transport Administration (Staff) Regulation 2012 (NSW) Cases Cited: Beavan v Industrial Relations Secretary [2016] NSWIC 1 IW v City of Perth (1997) 191 CLR 1 Marroun v State Transit Authority [2017] NSWCA 273, 96 NSWLR 295 O'Grady v Northern Queensland mining Co Ltd (1990) 169 CLR 356 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Industrial Relations Secretary [2017] NSWIRComm 1075 Singh v Legal Aid New South Wales [2014] NSWIRComm 1016 Vernon v State Transit Authority [2014] NSWIRComm 1014 Texts Cited: D C Pearce and R S Geddes, Statutory Interpretation in Australia (7th ed, 2011, LexisNexis) Category: Procedural and other rulings Parties: Veronique Francois (Appellant) Industrial Relations Secretary (Respondent) Representation: Counsel: A Andelman (Appellant) D Chin and G Diggens (Respondent) Solicitors: Carroll & O'Dea Lawyers: J Mc Enaney (Appellant) Corrective Services NSW; J Taverner File Number(s): 2018/00099182