Narayan v Industrial Relations Secretary on behalf of the Department of Communities and Justice, Corrective Services NSW [2020] NSWIRComm 1014

Industrial Relations Commission New South Wales Medium Neutral Citation: Narayan v Industrial Relations Secretary on behalf of the Department of Communities and Justice, Corrective Services NSW [2020] NSWIRComm 1014 Hearing dates: 22 January 2020. Written submissions filed 23, 29 and 31 January 2020 Date of orders: 03 March 2020 Decision date: 03 March 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Application dismissed Catchwords: UNFAIR DISMISSAL – Sentence Administration Officer - concerns about applicant's attendance and work performance – applicant diagnosed with type 1 diabetes – Performance Improvement Plan – allegations of bullying and harassment – claim that dismissal was due to sick leave record not unsatisfactory work performance Legislation Cited: Government Sector Employment Act 2013 Category: Principal judgment Parties: Navindra Narayan (Applicant)

Industrial Relations Secretary on behalf of the Department of Communities and Justice, Corrective Services NSW (Respondent) Representation: Applicant in person

Ms A Perigo of counsel (Respondent) File Number(s): 2019/00280820

DECISION 1. At the time of the termination of his employment, the applicant, Navindra (Jim) Narayan, was employed as a Sentence Administration Officer, Clerk Grade 3/4, in the State Sentence Administration business unit ("SSA") within Corrective Services NSW ("CSNSW") at the John Moroney Correctional Complex ("JMCC"), Windsor. 2. On 2 September 2019, David Huskins, Director, Statewide Administration of Sentences and Orders, wrote to the applicant and advised him that he, Mr Huskins, had decided to terminate the employment of the applicant, after giving him the opportunity to resign. 3. On 4 September 2019, the applicant filed the unfair dismissal application which is the subject of this decision. 4. The applicant did not resign and his employment was terminated with effect from 13 September 2019.