Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (On behalf of Rosanna Ganino) and Roads and Traffic Authority of NSW, Division of Government Service [2011] NSWIRComm 1048

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (On behalf of Rosanna Ganino) and Roads and Traffic Authority of NSW, Division of Government Service [2011] NSWIRComm 1048 Hearing dates: 19 April 2011; Submissions 28 April 2011 Decision date: 26 September 2011 Jurisdiction: Industrial Relations Commission Before: Tabbaa, C Decision: The disciplinary processes were not validly delegated to any of the people who purported to exercise those functions. On that basis, there has been no dismissal of Ms Ganino by the Respondent. Orders issued: 1. The Commission orders that the Roads and Traffic Authority of NSW reinstate Ms Rosanna Ganino to her former position of Senior Solicitor Liability Litigation on terms not less favourable to her than those that would have been applicable if she had not been dismissed. Ms Ganino is to be reinstated as soon as practicable but no later than 9 November 2011 with full continuity of service. 2. The Commission orders that the Roads and Traffic Authority of NSW pay to Ms Rosanna Ganino an amount which equates with the remuneration that she would, but for being dismissed, have received in the intervening period between dismissal and reinstatement, less any amounts received as payments derived from alternative employment. This amount is to be paid as soon as practicable but no later than 23 November 2011 but may be subject to Settlement of Minutes of Order proceedings initiated by written request of either party by no later than 23 November 2011. 3. In relation to the issue of costs, the Applicant is to file and serve submissions by 9 November 2011 and the Respondent is to file and serve submissions by 23 November 2011. Unless either party requests that the Commission hear them, the issue of costs will be determined on the papers. Catchwords: Unfair Dismissal; delegated authority; Legislation Cited: Industrial Relations Act 1996 Transport Administration Act 1988 (NSW) Public Sector Employment Legislation Amendment Act 2006 Public Sector Employment and Management Act 2002 Transport Appeal Boards Act,1980 Transport Administration (Staff) Regulation 2005 Interpretation Act (NSW) 1987 Legal Practice Act Cases Cited: See Hospital Products Limited v United States Surgical Corp (1984) 156 CLR 4; Ganino v Roads and Traffic Authority of NSW [2011] NSWIRComm 1008; 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; 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 at 45; Purdy v Australian Waste Recyclers 1 Pty Ltd and anor [2007] NSWIRComm 303; Bluescope Steel (Ais) Pty Ltd v The Australian Workers' Union, New South Wales [2006] NSWIRComm 149 Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Rosanna Ganino) (Applicant)