Antonic and Roads and Traffic Authority [2005] NSWIRComm 344

Industrial Relations Commission of New South Wales

CITATION: Antonic and Roads and Traffic Authority [2005] NSWIRComm 344

APPLICANT Charles Antonic PARTIES: RESPONDENT Roads and Traffic Authority

FILE NUMBER(S): 6555 of 2004

CORAM: Sams DP

Permanent demotion of RTA driving examiner - disciplinary investigation - allegations of improper conduct - whether allegations proven - conflicting evidence - breach of trust - breach of Code of Conduct - whether disciplinary process unfair - whether demotion constitutes an unfair dismissal - relationship to other Acts and the Award - jurisdiction of the Commission. CATCHWORDS: Held, applicant's employment governed by "suite" of arrangements - contract of employment permitted demotion - contract of employment not broken by demotion - Award provided appropriate relief - demotion open to the respondent - demotion not a dismissal for the purposes of Pt 6 ch 2 of the Act - no jurisdiction of the Commission - matter considered on merits - evidence of complainants accepted - applicant's denials not credible - no issue of procedural unfairness - applicant's conduct grossly improper, breach of trust and breach of Code of Conduct - decision of respondent to demote the applicant not disturbed - application dismissed for want of jurisdiction and on merits.

Industrial Relations Act 1996 Transport Administration Act 1988 Industrial and Employee Relations Act 1994 (SA)

LEGISLATION CITED: AWARDS Crown Employees (Roads and Traffic Authority of NSW - Salaried Staff Conditions of Employment) Award 331 IG 1202 Crown Employees (Public Sector Salaries January 2002) Award 334 IG 1