Ball v State of Queensland (Queensland Corrective Services)

Case [2021] QIRC 116


QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:    

Ball v State of Queensland (Queensland Corrective Services) [2021] QIRC 116

PARTIES:      

Ball, Frederick
(Applicant)

v

State of Queensland (Queensland Corrective Services)
(Respondent)

CASE NO:

TD/2017/10

PROCEEDING:

Application for Reinstatement

DELIVERED ON:

1 April 2021

HEARING DATES: 

21 February 2020
15-19 June 2020 inclusive
22 September 2020

HEARD AT: Brisbane

MEMBER:

O'Connor VP

ORDER:

1.       The Application is dismissed.

CATCHWORDS:

INDUSTRIAL LAW - APPLICATION FOR REINSTATEMENT - where application determined by Commission and refused - where appeal to Industrial Court allowed - where application remitted to the Commission to be determined according to law - where applicant required to show cause - where applicant's conduct constituted breaches of procedures, policies and statutory obligations - where applicant's employment was terminated - whether the disciplinary process undertaken was compliant with legislative and policy procedures - whether applicant was afforded procedural fairness and natural justice - where applicant bears the onus of establishing, on the balance of probabilities, that his dismissal was unfair - whether respondent's decision to terminate was harsh, unjust or unreasonable.

LEGISLATION: 

CASES:

Industrial Relations Act 1999, s73, s 77, s 78, s 79
Industrial Relations Act 2016, s 1023
Corrective Services Act 2006, s 20
Public Service Act 2008, s 187, s 188, s 189
Public Service Ethics Act 1994
Acts Interpretation Act 1954, s 27A, s 27B
Medical Practitioners Act 1938 (NSW)
Workplace Relations Act1996, s 170CG

Barclay v Nylex Corporation Pty Ltd [2003] AIRC 593
Blows v Townville City Council [2016] QIRC 066
Byrne v Australian Airlines (1995) 185 CLR 410
Coleman v State of Queensland (Department of Education) [2020] QIRC 032
Gold Coast District Health Service v Walker (2001) 168 QGIG 186

Mathieu v Higgins [2008] QSC 209
Perkins v Grace Worldwide (Aust) Pty Ltd (1997) 72 IR 186
Pillai v Messiter (No.2) (1989) 16 NSWLR 197

Stark v P & O Resorts (Heron Island) [1993] 144 QGIG 914
Stewart v University of Melbourne [2000] AIRC 779
Toms v Harbour City Ferries Pty Limited [2015] FCAFC 35
Wadey v YMCA, Canberra [1996] IRCA 568

White v State of Queensland (Central Queensland Hospital and Health Service) [2017] QIRC 041

APPEARANCES:

Ms S. Moody of Counsel, instructed directly by the Applicant.

Mr C. Murdoch QC and Ms M. Brooks of Counsel, instructed by Crown Law, for the Respondent.

Reasons for Decision

Background

  1. On 2 May 2006 Mr Frederick Ball ('the Applicant') commenced employment with the State of Queensland, (Department of Justice and Attorney-General, Queensland Corrective Services) (QCS).  From 2 May 2006 to 16 June 2006 the Applicant was employed to undertake the 'Entry Level Training Program (Custodial Services)' and as from June 2006 to 19 January 2017 was employed as a Custodial Correctional Officer ('CCO') at the Woodford Correctional Centre ('WCC').[1]

    [1] Exhibit 1 - Affidavit of Frederick Ball filed 19 May 2017, [12].

  2. Following Public Service Departmental Arrangements Notices (Nos 4 and 5) 2020 made by the Governor in Council on 12 and 19 November 2020 respectively under…

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Details
AGLC
Ball v State of Queensland (Queensland Corrective Services) [2021] QIRC 116
Case
[2021] QIRC 116
Decision Date

CaseChat Overview and Summary

In the matter of Ball v State of Queensland (Queensland Corrective Services), the applicant sought reinstatement to his position following his dismissal by the respondent. The dispute arose from the applicant's termination due to alleged breaches of procedures, policies, and statutory obligations, leading to an appeal to the Industrial Court after the initial decision by the Commission was not in his favour.

The primary legal issues addressed by the court were whether the disciplinary process followed was compliant with the relevant legislative and policy procedures, and if the applicant was afforded procedural fairness and natural justice. Additionally, the court needed to determine if the applicant successfully demonstrated that his dismissal was unfair, harsh, unjust, or unreasonable, considering the onus of proof lay with him.

The court, after thorough consideration, determined that the disciplinary process was in accordance with the required procedures, and that the applicant had not demonstrated that his dismissal was unfair, harsh, unjust, or unreasonable. The court found that the applicant had not discharged the onus of proving, on the balance of probabilities, that his dismissal was unfair. The court concluded that the respondent's decision to terminate the applicant's employment was justified and reasonable.

Accordingly, the court dismissed the application, upholding the respondent's decision to terminate the applicant's employment.

Orders

Orders of the court

1. The Application is dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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