Kyriakou v State Transit Authority [2011] NSWTAB 17

Transport Appeal Boards New South Wales Medium Neutral Citation: Kyriakou v State Transit Authority [2011] NSWTAB 17 Hearing dates: 4 February, 24 March, 7, 8, 15 and 20 April 2011 Decision date: 08 September 2011 Before: Bishop C Decision: Appeals Disallowed Catchwords: PUBLIC SERVICE - discipline and misconduct - bus driver - employee lodged various complaints against management - concerns as to behaviour/conduct and attendance - directed to attend psychiatric medical assessment as to fitness to drive - refusal to comply with directive - employee suspended - discipline inquiry - employee dismissed - appeals to Transport Appeal Board - HELD - directive lawful and reasonable - misconduct occurred - dismissal warranted in circumstances. Legislation Cited: Passenger Transport Act 1990 Passenger Transport Regulations 2007 Protected Disclosures Act 1994 Transport Administration (Staff) Regulation 2005 Transport Appeals Board Act 2005 Uniform Civil Procedure Rules 2005, Cases Cited: Adami v Maison De Luxe Limited (1924) 35 CLR 143 Blackadder v Ramsey Butchering Services Pty Ltd (2002) 118 FCR 395 Briginshaw v Briginshaw (1938) 60 CLR 336 Duhbihur v Transport Appeal Board and Anor [2005] NSWSC 811 Izdes v L G Bennett & Co Pty Limited t/as Alba Industries (1995) 61 IR 439 Salat v NSW Police Force [2011] NSWIRComm 1040 Thompson v IGT (Australia) Pty Limited [2008] FCA 994 Varas v Fairfield City Council [2008] FMCA 996 Category: Principal judgment Parties: Andrew Kyriakou (Appellant) State Transit Authority Division of the NSW Government Service (Respondent) Representation: Andrew Kyriakou (Appellant)