Legal Services team proves CPSU NSW member should never have been dismissed.
A union member working Correctional Centre has been reinstated with full back pay after intervention from the CPSU NSW
The union’s Legal Services team filed an unfair dismissal application for the member, who had been dismissed from the private gaol.
The prison dismissed the employee on the basis that the member’s authority to work had been revoked by Corrective Services NSW (CSNSW).
This authority to work is required for all Prison Officers who work in private gaols.
The authority to work was revoked on the basis of alleged out-of-work conduct. The authority was revoked by CSNSW after it was advised of the matter by the gaol.
“Our member’s employer was notified of the out-of-hours conduct and two days later he was terminated on the grounds that his authority to work had been revoked,” said Manager Legal Services Alison McRobert.
“Our member was provided with no opportunity to respond to the underlying allegations of conduct or to the revocation of the authority.”
Under the Crimes (Administration of Sentences) Act 1999, an individual who has their authority to work revoked by CSNSW, must be given an opportunity to respond before the authority is revoked.
Following the conciliation of the matter in the Fair Work Commission, the Employer agreed to speak to CSNSW who reinstated his authority and the member was reinstated to his position, pending the outcome of the other matter. He received full back pay.