Phillips v NSW Roads and Traffic Authority [2007] NSWIRComm 258

Industrial Relations Commission of New South Wales

CITATION: Phillips v NSW Roads and Traffic Authority [2007] NSWIRComm 258

APPLICANT PARTIES: Mr Mark Richard Phillips RESPONDENT NSW Roads and Traffic Authority

FILE NUMBER(S): IRC 368 of 2007

CORAM: Harrison DP

CATCHWORDS: Application for relief from unfair dismissal - jurisdiction - public sector employee - employment governed by matrix of legislation and statutorily endorsed policy - demotion for disciplinary purpose for period of six months - all other conditions of employment continue - disciplinary action challenged in dispute proceedings pursuant to Act - proceedings resolved by agreement with significant reduction in penalty - applicant held to outcome of review. Held - procedures correctly applied by employer - demotion allowed by contract of employment - demotion not dismissal - applicant not dismissed from employment - application dismissed for want of jurisdiction - settlement of dispute proceedings held to be binding on parties.

Industrial Relations Act 1996 Transport Administration Act 1988 LEGISLATION CITED: Public Sector Employment Legislation Amendment Act 2006 Public Sector Employment and Management Act 2002 Government and Related Employees Appeal Tribunal Act 1980

Antonic and Roads and Traffic Authority [2005] NSWIRComm 344 Advertiser Newspapers Pty Ltd v Industrial Relations Commission of South Australia (1999) 90 IR 211 CASES CITED: Charlton v Eastern Australian Airlines Pty Ltd (2006) 154 IR 239 Clark v Pittwater RSL Club Limited (1998) 84 IR 309 AWARD: Crown Employees (Roads and Traffic Authority of New South Wales - Wages Staff) Award 2005