Jaggers v State Transit Authority [2012] NSWTAB 18

Transport Appeal Boards New South Wales Medium Neutral Citation: Jaggers v State Transit Authority [2012] NSWTAB 18 Hearing dates: 22 and 23 March 2012 Decision date: 06 July 2012 Before: Bishop C (Board) Decision: Appeal Disallowed Catchwords: PUBLIC SERVICE - discipline - Bus Operator - regressed three months for misuse of STA resources - using resources for own purposes on retaining shift - plea of not guilty - setting aside of penalty sought -charges found proven - appeal disallowed Legislation Cited: Industrial Relations Act 1996 Transport Appeals Board Act 1980 Transport Administration (Staff) Regulation 2005 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Duhbihur v Transport Appeal Board and Anor [2005] NSWSC 811 Category: Principal judgment Parties: Daniel Jaggers (Appellant) State Transit Authority Division of the New South Wales Government Service (Respondent) Representation: Mr P O'Connor Rail, Tram and Bus Union, Bus and Tram Division (Appellant)

Mr S McLean State Transit Authority (Respondent) File Number(s): TAB 1451 of 2011

DECISION

Introduction 1Mr Jaggers commenced employment with the State Transit Authority (STA) on 30 September 1996 as a Trainee Bus Operator. 2On 1 November 2011, STA issued a Notice of Punishment to Mr Jaggers regressing him from his position of Shed Driver at the Ryde Depot to a Bus Operator Level 1 for a period of three months. 3On 7 November 2011, Mr Jaggers lodged an appeal with respect to his regression by STA and the issuing of a Final Warning to the Transport Appeal Boards. In his Notice of Appeal he indicated a plea of 'Not Guilty'. 4The matter was listed for disciplinary conciliation before Commissioner Tabbaa on 16 December 2011, at which time conciliation took place. As no settlement could be reached between the parties, directions were issued as to the filing and exchange of written cases and statements pursuant to Practice Note 22 and the appeal was re-allocated to the Board as currently constituted and set down for hearing on the 22 March 2012, the hearing continued and was concluded on 23 March 2012. 5The STA presented its case first in accordance with s.16(1) of the Transport Appeal Boards Act 1980.