Alf Pace v Managing Director, TAFE Commission [2011] NSWIRComm 1052

Alf Pace v Managing Director, TAFE Commission [2011] NSWIRComm 1052

The Commission found that only one of six findings of misconduct was made out, and it did not warrant dismissal. The applicant was denied procedural fairness as the findings and policies allegedly breached were not adequately explained, and due process was flawed. The dismissal was substantively and procedurally unfair and was harsh, unjust and unreasonable in light of the applicant's long service and the one-off nature of the events.

Parties
Applicant: Alf Pace; Respondent: Managing Director, TAFE Commission
Jurisdiction
Australia
Judgment Date
18 October 2011
Procedural Posture
Unfair Dismissal Application / Decision After Hearing
Outcome
Unfair dismissal established. Orders for reinstatement and continuity of service.
Legal Topics
Unfair Dismissal, Procedural Fairness, Substantive Fairness, Employment Termination, Misconduct, Remedies for Unfair Dismissal
Industrial Law Unfair Dismissal Procedural Fairness Substantive Fairness Employment Termination Misconduct Remedies for Unfair Dismissal

Case Brief

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Parties

Alf Pace

Applicant

Managing Director, TAFE Commission

Respondent

Procedural Posture

Unfair Dismissal Application / Decision After Hearing

Legal Issues

  1. 1 Whether the applicant's dismissal was unfair under section 84 of the Industrial Relations Act 1996
  2. 2 Whether procedural fairness was afforded to the applicant
  3. 3 Whether the findings of misconduct against the applicant were established

Ratio Decidendi

The Commission found that only one of six findings of misconduct was made out, and it did not warrant dismissal. The applicant was denied procedural fairness as the findings and policies allegedly breached were not adequately explained, and due process was flawed. The dismissal was substantively and procedurally unfair and was harsh, unjust and unreasonable in light of the applicant's long service and the one-off nature of the events.

Court Disposition

Unfair dismissal established. Orders for reinstatement and continuity of service.

Orders

  • Mr Alf Pace is to be reinstated by the Managing Director, TAFE Commission into his former position occupied by him immediately prior to his dismissal.
  • The employment of Mr Pace is to be taken not to have been broken by his dismissal.