MATKEVICH v NEW SOUTH WALES TECHNICAL AND FURTHER EDUCATION COMMISSION [NO.3] [1996] NSWCA 344

MATKEVICH v NEW SOUTH WALES TECHNICAL AND FURTHER EDUCATION COMMISSION [NO.3]

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KirBy P, POWELL and COLE JJA 17 November 1995, 2 February 1996 [1996] NSWCA 344

ADMINISTRATIVE LAW — primary decision — breach of natural justice — available facility of appeal to GREAT — whether "cures" flawed primary decision — whether error of law shown in determination that it did — held (by maj): No error.

Calvin and Ors v Carr (1979) 1 NSWLR 1 (PC), appld.

INDUSTRIAL LAW - employment - disciplinary proceedings - entitlement to valid primary decision - availability of appeal - whether legal error - held (by maj): Not.

PRACTICE AND PROCEDURE - appeal - interlocutory decisions of GREAT - whether appeal should be heard - held (by maj): It should. Rambin v Cassin, CA (NSW) 25.9.95, distd.

WORDS AND PHRASES - "decision on a question of law".

ADMINISTRATIVE LAW - disciplinary appeal - dismissal of tenured teacher for alleged sexual harassment and other offences - alleged departure from procedural fairness - whether "gross breach" of rules of procedural fairness or "deliberate flouting" of such rules required to categorise the primary decision as void - employee complaints of (a) failure to conform to employer's guidelines on sexual harassment cases; (b) failure to give due warning of materials at information stage; (c) surrender of primary decision-maker's decision to advice from employer; (d) consideration by primary decision-maker of submissions on penalty not shown to employee - GREAT Tribunal rejects employee's submission that original decisions vitiated by legal error (departure from procedural fairness) requiring remittal to primary decision-maker for the making of lawful primary decisions - GREAT Tribunal decides, on preliminary point, that the hearing of an appeal to it on the merits will cure defects in the primary decision - held: