Webster v State Transit Authority [2011] NSWTAB 23

Transport Appeal Boards New South Wales Medium Neutral Citation: Webster v State Transit Authority [2011] NSWTAB 23 Hearing dates: 12 September 2011 Decision date: 02 December 2011 Before: Macdonald C (Board) Decision: Appeal dismissed Catchwords: PUBLIC SERVICE - State Transit Authority - bus depot - anonymous General Report Form left under the door of manager's office - the Report attacked character of two employees - STA investigation found attack unwarranted - STA engaged forensic document examiner to examine handwriting of anonymous author who was conclusively identified by examiner - formal disciplinary proceedings conducted against identified author - show cause letter - author/bus driver denied being author - STA found bus driver guilty - penalty of suspension and grade reggression applied by STA - bus driver appealed to Board - HEARING - no substantive evidence brought by bus driver to counter handwriting expert engaged by STA - appeal dismissed. Legislation Cited: Transport Administration (Staff) Regulation 2005 Cases Cited: Panozzo v STA (TD/236/09) 1 December 2009 Category: Principal judgment Parties: Margaret Rita Webster (Appellant)

State Transit Authority (Respondent) Representation: Mr C Preston, Secretary, Rail, Tram and Bus Union (Appellant)

Mr S McLean, Employee Relations Advisor State Transit Authority (Respondent) File Number(s): TAB 1026 of 2011

DECISION

INTRODUCTION 1Ms Margaret Rita Webster (the Appellant) has lodged an appeal, in accordance with clause 32 of the Transport Administration (Staff) Regulation 2005, against the decision of the State Transit Authority ("the STA") to suspend her without pay for ten working days and to regress her in grade. The foregoing disciplinary penalty was imposed by the STA, on the basis of its investigation and finding, that the Appellant had been the author of an unsigned General Report (the Report) Form, which made unfavourable allegations against two un-named employees of the Willoughby Bus Depot.