NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: Henri Eparaima v Industrial Relations Secretary, on behalf of the Department of Communities and Justice (Corrective Services) [2020] NSWIRComm 1038 Hearing dates: 18 and 19 December 2019 Date of orders: 21 May 2020 Decision date: 21 May 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: Appeal dismissed Catchwords: PUBLIC SECTOR DISCIPLINARY APPEAL – assault on detainee – serious misconduct – officer dismissed -disciplinary sanction warranted Legislation Cited: Government Sector Employment Act 2013 (NSW) Industrial Relations Act 1996 (NSW) Cases Cited: Maritime Services Board v Murray (1993) 52 IR 455 Marroun v State Transit Authority (2017) 96 NSWLR 295 Rail Corporation of New South Wales v Elleray [2013] NSWIRComm 86 Secretary, Department of Justice v Schoeman (2014) 86 NSWLR 749 Category: Principal judgment Parties: Henri Eparaima (the Appellant)
Industrial Relations Secretary, on behalf of the Department of Communities and Justice (Corrective Services)(the Respondent) Representation: Counsel:
Ms Douglas-Baker (for the Respondent)
Solicitors:
M Jaloussis of McNally Jones Staff Lawyers (for the Appellant)
D Bartle of the Public Services Association of New South Wales (for the Appellant)
D Aitken of Corrective Services NSW (for the Respondent) File Number(s): 2019/242628 Publication restriction: Nil
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