RTBU (on behalf of Rafiq) v STA [2008] NSWIRComm 8

Industrial Relations Commission of New South Wales

CITATION: RTBU (on behalf of Rafiq) v STA [2008] NSWIRComm 8

PARTIES: Australian Rail, Tram and Bus Industry Union of Australia, New South Wales Branch (on behalf of Ms S Rafiq) State Transit Authority Division of the Government Service of New South Wales

FILE NUMBER(S): 1106 of 2007

CORAM: Grayson DP

Unfair dismissal - Depot roster clerk - Protected disclosures - Alleged corrupt rostering practices - Alleged favourtism in allocation of lucrative overtime or otherwise attractive "cream" shifts - Internal audit followed by disciplinary investigation - Whether irregularities identified were product of inadvertant error - Complexity of rostering system - Preference system utilised in place of block system - Not included in depot roster manual - Inclusion in depot manual and proper training recommended by auditors CATCHWORDS: Held - Allegations of corrupt conduct not made out - Dismissal harsh, unreasonable, unjust - Reinstatement and lost pay ordered

LEGISLATION CITED: Industrial Relations Act 1996 Protected Disclosures Act 1994

HEARING DATES: 22 October 2007, 23 October 2007, 24 October 2007, 29October 2007, 7 December 2007

DATE OF JUDGMENT: 5 February 2008

Mr G Paningiris - Lead Organiser - The Australian Rail, Tram and Bus Union, New South Wales Branch LEGAL REPRESENTATIVES: Mr G Hanson - Industrial Officer - State Transit Authority Division of the Government Service of New South Wales

JUDGMENT:

- 13 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: Grayson, DP

5 February 2008