Ramadas v Industrial Relations Secretary (Legal Aid Commission of NSW) [2019] NSWIRComm 1075

Industrial Relations Commission New South Wales Medium Neutral Citation: Ramadas v Industrial Relations Secretary (Legal Aid Commission of NSW) [2019] NSWIRComm 1075 Hearing dates: 1, 3 and 4 July 2019 Date of orders: 16 October 2019 Decision date: 16 October 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Appeal disallowed Catchwords: PUBLIC SECTOR DISCIPLINARY APPEAL – first and final warning – allegations of misconduct – failure to comply with a lawful and reasonable direction – making vexatious allegations against work colleagues – misconduct struck at the heart of the employment relationship – termination of employment warranted – appeal disallowed Legislation Cited: Government Sector Employment Act 2013 Industrial Relations Act 1996 Government Sector Employment Rules 2014 Category: Principal judgment Parties: Renu Ramadas (Appellant)

Industrial Relations Secretary (Legal Aid Commission of NSW) (Respondent) Representation: Counsel: Mr T Dixon (Respondent)

Solicitors: Mr M Burns, McNally Jones Staff Lawyers (Appellant) Mr A Roberts, Crown Solicitor's Office (Respondent) File Number(s): 2019/00030160

DECISION 1. The appellant, Renu Ramadas, was employed the by the respondent, the Industrial Relations Secretary (Legal Aid Commission of NSW), for a period of 22 years prior to the termination of her employment on 8 January 2019. Prior to her dismissal, she was employed in the role of Grants Officer, Clerk Grade 3-4. 2. By letter dated 18 December 2018, Brendan Thomas, Chief Executive Officer of the Legal Aid NSW, advised the appellant of findings of misconduct which had been made against her and the determination which had been made by him pursuant subsection 69(4)(b) of the Government Sector Employment Act 2013 ("the GSE Act") to: Terminate the employment of the employee (after giving the employee the opportunity to resign) 1. The appellant did not avail herself of the opportunity to resign and, as a consequence, by letter dated 8 January 2019, Mr Thomas advised the appellant of his decision to terminate her employment with immediate effect. It is from that decision that the appellant brings this public sector disciplinary appeal pursuant to the provisions of Part 7 of Chapter 2 of the Industrial Relations Act 1996 ("the Act"). 2. The appellant seeks reinstatement to her former role or re-employment in an alternative role with continuity of employment and compensation for lost earnings.