SAINI v DIRECTOR GENERAL OF NEW SOUTH WALES AGRICULTURE and ANOR [1996] NSWCA 464

SAINI v DIRECTOR GENERAL OF NEW SOUTH WALES AGRICULTURE

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, MEAGHER and COLE JJA 11 October 1996, 11 October 1996

[1996] NSWCA 464

APPEAL from GREAT — "impracticability of reinstatement" — question of fact not law and thus no appeal — adequate reasons given.

Cole JA The appellant employee was, on 25 January 1995, served with a letter of charge by the Director General of New South Wales Agriculture. It alleged breach of discipline within the meaning of s66(d) Public Sector Management Act 1988 in that the appellant had intentionally disobeyed or intentionally disregarded a lawful order made or given by a person having authority to make or give such order. Three particulars of charge were detailed. The appellant was further charged with having committed a breach of discipline within the meaning of s66(e) Public Sector Management Act in that he was negligent, careless, inefficient or incompetent in the discharge if his duties. Details of that charge were given. Pursuant to cl27(2)(b) Public Sector Management (Regulations) 1988 the appellant was required to admit or deny the truth of the alleged breaches of discipline and show cause why he should not be punished for those breaches. He did so on 17 February 1995. He admitted the truth of the alleged breaches of discipline under s66(d) and set out a number of factors which he sought to have taken into consideration. He did not accept the alleged breaches of s66(e).

On 3 March 1995 the Director General advised the appellant that he had determined that each of the charges was established and called upon the appellant to advance any further material which he wished to have considered when punishment pursuant to s75 Public Sector Management Act was being addressed. The appellant made further submissions on 15 March 1995. On 23 March 1995 the Director General determined that the appellant should be dismissed effective from 3 April 1995.