Taylor v Department of Justice and Community Safety

The Facts A Victorian prison supervisor was demoted to a lower-classified Senior Prison Officer role and transferred to a different prison as a disciplinary outcome for misconduct. The Department argued this was authorised by the enterprise agreement's misconduct clause, while the employee said it amounted to a dismissal because the agreement did not permit combining a demotion with a transfer in his circumstances. The Decision The Full Bench found the enterprise agreement only allowed a combined demotion-and-transfer where no suitable…