Mackay v RailCorp New South Wales [2011] NSWTAB 14

Transport Appeal Boards New South Wales Medium Neutral Citation: Mackay v RailCorp New South Wales [2011] NSWTAB 14 Hearing dates: 21 July 2011 Decision date: 02 August 2011 Before: Macdonald C (Board) Decision: Appeal disallowed on jurisdictional ground Catchwords: JURISDICTION - Appeal by Robert Mackay against appointment of Ann Tuckey to position of Duty Manager Level 2 at Springwood - RailCorp advertised job vacancies for Duty Manager Level 2 at various locations - 162 applicants - Robert Mackay's application ultimately unsuccessful but was placed on the eligibility list - Robert Mackay lodged an appeal against the appointment of Ann Tuckey to Springwood - RailCorp offered Mackay a vacant position at Springwood as Duty Manager Level 2 at Springwood - he accepted that offer but did not withdraw his appeal - RailCorp raised jurisdictional objection with Transport Appeal Board that Mackay was ineligible to pursue his appeal as he was no longer an ":unsuccessful applicant" pursuant to appeal rights found in Transport Administration (Staff) Regulation 2005 - HELD: Jurisdictional objection upheld - Robert Mackay appeal disallowed. Legislation Cited: Transport Administration (Staff) Regulation 2005 Category: Principal judgment Parties: Robert Mackay (Appellant)

RailCorp New South Wales (Respondent) Representation: Michael Cartwright, Rail Tam and Bus Union (Appellant)

Melanie Robinson, RailCorp (Respondent) File Number(s): TAB 1005 of 2011

DECISION

Board Decision 1The Transport Appeal Board does not have the jurisdiction to consider the appeal by Robert Mackay against the appointment of Ann Tuckey to the position of Duty Manager Level 2 - Springwood Railway Station.