Ganino v Road and Traffic Authority of NSW [2011] NSWIRComm 1008

Industrial Relations Commission New South Wales Medium Neutral Citation: Ganino v Road and Traffic Authority of NSW [2011] NSWIRComm 1008 Hearing dates: 18 March 2010; 14-16 April 2010; 19-22 April 2010; 4-5 May 2010; 12 May 2010; 17-18 May 2010; 31 May 2010; 2 June 2010; 18 June 2010 Decision date: 08 March 2011 Jurisdiction: Industrial Relations Commission Before: Tabbaa C Decision: 1. The delegation question needs to be dealt with as a threshold issue to determine validity of the dismissal; 2. Leave is granted to the Respondent to file evidence explaining the operation of the Delegation manual. Catchwords: UNFAIR DISMISSAL; Delegated Authority; Validity of the exercise of functions; Officers not authorised to conduct the various steps of the disciplinary process; Delegations not produced in relation to each step in the disciplinary process. Legislation Cited: Industrial Relations Act 1996 Transport Administration Act 1988 (NSW) Crown Employees (Road and Traffic Authority of New South Wales - Salaried Staff Conditions of Employment) Award Public Sector Employment Legislation Amendment Act 2006 Public Sector Employment and Management Act 2002 Transport Administration (Staff) Regulation 2005 Interpretation Act (NSW) 1987 Cases Cited: Aon Risk Services Australia Ltd v Australian National University [2009] HCA 27 Project Blue Sky v The Australian Broadcasting Authority (1998) 194 CLR 355 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales and Director of Public Employment by his agent the Director General of the Department of Justice and Attorney General [2010]NSWIRComm 36 R v Janceski [2005] NSWCCA 281 at [98] R v Halmi [2005] NSWCCA 2 R v Morais (1988) 87 Cr App R9 R v Jackson (1997) 2 Crim App R 497 B (A Solicitor) v Victorian Lawyers RPA Ltd (2002) 6 VR 642 Parks Holdings Pty Ltd v Chief Executive Officer of Customs [2004] FCA 820 Perpetual Trustee Company (Canberra) Ltd v Lewis (1994) 119 FLR 38 O'Reilly v Commissioners of State Bank of Victoria (1982) 153 CLR 1 PSA and Professional Officers' Association Amalgamated Union of NSW (on behalf of Rosanna Ganino) and Roads and Traffic Authority of New South Wales Division of New South Wales Government Service [2009] NSWIRComm 181 (29 October 2009) Fonseka v Epic Hotels Pty Ltd (No 2) [2009] NSWIRComm 178 Category: Procedural and other rulings Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Rosanna Ganino) (Applicant)