Silling v Corrective Services NSW [2011] NSWIRComm 1056

Silling v Corrective Services NSW [2011] NSWIRComm 1056

The dismissal of Mr Silling from his position as Senior Correctional Officer was harsh, unjust and unreasonable as there was no demonstrated connection between his criminal convictions for off-duty conduct and his employment, nor evidence of impact on his work performance, the integrity or reputation of Corrective Services NSW, or the public interest. His long unblemished employment history, remorse, and remedial steps taken were not given due consideration. There was also an absence of evidence supporting the impracticability of reinstatement. Therefore, reinstatement was ordered.

Jurisdiction
Australia
Judgment Date
16 December 2011
Procedural Posture
Unfair Dismissal Application / Decision
Outcome
Applicant reinstated as from date of dismissal with continuity of service.
Legal Topics
['unfair Dismissal' 'public Sector Employment' 'disciplinary Action' 'reinstatement' 'domestic Violence Convictions' 'procedural Fairness']
['employment Law' 'industrial Relations'] ['unfair Dismissal' 'public Sector Employment' 'disciplinary Action' 'reinstatement' 'domestic Violence Convictions' 'procedural Fairness']

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Procedural Posture

Unfair Dismissal Application / Decision

Legal Issues

  1. 1 ['Whether the dismissal of Mr Silling was harsh, unjust or unreasonable' "Whether there was a sufficient connection between Mr Silling's off-duty conduct and his employment as a Senior Correctional Officer" 'Whether reinstatement was impracticable']

Ratio Decidendi

The dismissal of Mr Silling from his position as Senior Correctional Officer was harsh, unjust and unreasonable as there was no demonstrated connection between his criminal convictions for off-duty conduct and his employment, nor evidence of impact on his work performance, the integrity or reputation of Corrective Services NSW, or the public interest. His long unblemished employment history, remorse, and remedial steps taken were not given due consideration. There was also an absence of evidence supporting the impracticability of reinstatement. Therefore, reinstatement was ordered.

Court Disposition

Applicant reinstated as from date of dismissal with continuity of service.

Orders

  • ['Corrective Services NSW to reinstate Michael Silling to his former position of Senior Correctional Officer at the Goulburn Correctional Complex on terms no less favourable than if he had not been dismissed on 17 June 2011.' 'Corrective Services NSW to pay Michael Silling the amount he would otherwise have received...