Fraser v Corrective Services NSW [2014] NSWIRComm 21

Fraser v Corrective Services NSW [2014] NSWIRComm 21

The Commission found that the evidence did not establish the alleged misconduct. The investigation was fatally flawed, including because it failed to investigate Mr Fraser's defence, failed to interview Officer White, lacked reasons for sustaining allegations, and proceeded despite significant inconsistencies. The Commission preferred the evidence of Mr Fraser and Officer White, found the allegations unsupported, concluded Mr Fraser was not guilty of the conduct alleged, and held the termination harsh, unreasonable and unjust.

Jurisdiction
Australia
Judgment Date
03 June 2014
Procedural Posture
Unfair Dismissal Application / Arbitration After Unsuccessful Conciliation
Outcome
Application upheld; dismissal found harsh, unreasonable and unjust; reinstatement ordered with no loss of wages or continuity of employment.
Legal Topics
['unfair Dismissal' 'alleged Misconduct' 'internal Workplace Investigation' 'reinstatement' 'back Pay' 'continuity of Employment']
['industrial Relations' 'employment Law' 'public Sector Employment'] ['unfair Dismissal' 'alleged Misconduct' 'internal Workplace Investigation' 'reinstatement' 'back Pay' 'continuity of Employment']

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

Unfair Dismissal Application / Arbitration After Unsuccessful Conciliation

Legal Issues

  1. 1 ['Whether Mr Fraser engaged in the alleged inappropriate sexual contact and communications with inmate Ms Slacke.' "Whether the internal investigation was flawed, including by failing to investigate Mr Fraser's asserted defence and failing to interview relevant witnesses." 'Whether the dismissal was harsh, unreasonable and unjust.' 'Whether reinstatement, lost remuneration and continuity of employment should be ordered.']

Ratio Decidendi

The Commission found that the evidence did not establish the alleged misconduct. The investigation was fatally flawed, including because it failed to investigate Mr Fraser's defence, failed to interview Officer White, lacked reasons for sustaining allegations, and proceeded despite significant inconsistencies. The Commission preferred the evidence of Mr Fraser and Officer White, found the allegations unsupported, concluded Mr Fraser was not guilty of the conduct alleged, and held the termination harsh, unreasonable and unjust.

Court Disposition

Application upheld; dismissal found harsh, unreasonable and unjust; reinstatement ordered with no loss of wages or continuity of employment.

Orders

  • ['Pursuant to section 89 (1) of the Industrial Relations Act 1996 Corrective Services NSW is ordered to reinstate Mr Steven Fraser to his former position on terms not less favourable than those that would have been applicable but for dismissal within 14 (fourteen) days of the date of this decision.' 'Pursuant to...