NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Hanna v Industrial Relations Secretary on behalf of the Department of Communities and Justice (Corrective Services NSW) [2020] NSWIRComm 1021 Hearing dates: 3 April 2020 Date of orders: 07 April 2020 Decision date: 07 April 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The appeal is dismissed Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Public sector – Disciplinary action – appeal against decision to terminate after giving opportunity to resign – positive drug tests at work – conduct admitted – whether employer failed to offer adequate support after the first positive – whether decision too severe Legislation Cited: Crimes (Administration of Sentences) Regulation 2014 (NSW) cl 260 Government Sector Employment Act 2013 (NSW) Pt 4, ss 21, 43, 47, 69 Government Sector Employment (General) Rules 2014 (NSW) cl 40 Industrial Relations Act 1996 (NSW) Ch 2 Pt 7, ss 91, 97, 98, 100B(2), 100C(2), 100C(4), 197B Cases Cited: Calman v Commissioner of Police (1999) 73 ALJR 1609; [1999] HCA 60 Hamod v State of New South Wales and Anor [2011] NSWCA 375 Maritime Services Board v Murray (1993) 52 IR 455 Marroun v State Transit Authority [2017] NSWCA 273 Category: Principal judgment Parties: Evette Hanna (Appellant)
Industrial Relations Secretary (Respondent) Representation: E Hanna (Self)
A Douglas-Baker of Counsel (Respondent)
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