Danwer v Corrective Services NSW [2012] NSWIRComm 1024

Danwer v Corrective Services NSW [2012] NSWIRComm 1024

The appellant's suspension without pay was not a disciplinary decision of punishment under section 97; it was a protective measure pending the outcome of criminal proceedings, and no finding of misconduct or contravention was made by the respondent. Consequently, the appeal does not invoke the Commission’s jurisdiction and must be dismissed.

Jurisdiction
Australia
Judgment Date
21 September 2012
Procedural Posture
Disciplinary Appeal / Hearing of Notice of Motion to Strike Out Appeal for Want of Jurisdiction
Outcome
Notice of Appeal dismissed for want of jurisdiction.
Legal Topics
['disciplinary Appeals' 'suspension of Public Sector Employees' 'jurisdiction' 'procedural Time Limits']
['industrial Relations' 'public Employment'] ['disciplinary Appeals' 'suspension of Public Sector Employees' 'jurisdiction' 'procedural Time Limits']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Disciplinary Appeal / Hearing of Notice of Motion to Strike Out Appeal for Want of Jurisdiction

Legal Issues

  1. 1 ['Whether the Notice of Appeal was filed within the statutory time limit' 'Whether the decision to suspend without pay constitutes a disciplinary decision for appeal under section 97 of the Industrial Relations Act, 1996']

Ratio Decidendi

The appellant's suspension without pay was not a disciplinary decision of punishment under section 97; it was a protective measure pending the outcome of criminal proceedings, and no finding of misconduct or contravention was made by the respondent. Consequently, the appeal does not invoke the Commission’s jurisdiction and must be dismissed.

Court Disposition

Notice of Appeal dismissed for want of jurisdiction.

Orders

  • ['The Notice of Appeal-Public Sector Discipline is dismissed.' 'This matter is now concluded.']