Murphy v State Transit Authority [2012] NSWTAB 19

Transport Appeal Boards New South Wales Medium Neutral Citation: Murphy v State Transit Authority [2012] NSWTAB 19 Hearing dates: 22 and 23 March 2012 Decision date: 13 July 2012 Before: Bishop C (Board) Decision: Appeal disallowed Catchwords: PUBLIC SERVICE - discipline - Bus Operator - dismissed for pushing passenger off bus - plea of guilty - setting aside of penalty - reinstatement and alternate penalty sought - HELD - charge very serious - constituted assault - no justification for actions - penalty appropriate in all the circumstances - appeal disallowed Legislation Cited: Passenger Transport Regulation 2007 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 Jaggers v State Transit Authority [2012] NSWTAB 18 Category: Principal judgment Parties: Laurence Murphy (Appellant) State Transit Authority Division of the New South Wales Government Service (Respondent) Representation: Daniel Jaggers (Appellant)

Mr S McLean Ms V Goeghegan State Transit Authority (Respondent) File Number(s): TAB 2 of 2012

DECISION

Introduction 1Mr Murphy commenced employment with the State Transit Authority (STA) on 29 January 1990 as a Trainee Bus Operator at Ryde Depot, becoming a full time Bus Operator in September that same year. 2On 29 December 2011, STA issued a Notice of Punishment to Mr Murphy dismissing him from his position effective on and from 29 December 2011. 3On 29 December 2011, Mr Murphy lodged an appeal with respect to his dismissal by STA. In his Notice of Appeal he indicated a plea of 'Guilty'. 4The matter was listed for disciplinary conciliation before Commissioner Tabbaa on 3 February 2012, 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 12 April 2012. 5The STA presented its case first in accordance with s.16(1) of the Transport Appeal Boards Act 1980.