Stevens v State Transit Authority [2012] NSWTAB 22

Transport Appeal Boards New South Wales Medium Neutral Citation: Stevens v State Transit Authority [2012] NSWTAB 22 Hearing dates: 19 June 2012 Decision date: 08 August 2012 Before: Bishop C (Board) Decision: Appeal allowed-alternative penalties imposed Catchwords: PUBLIC SERVICE - discipline - Bus Operator - dismissed for moving bus before passenger with arm in a sling seated - plea of guilty - procedural fairness issues raised - - reliance on prior record challenged - submission re harshness of penalty - reinstatement and alternate penalty sought - HELD - employer entitled to rely on employee history - issue with reliance on customer complaints' record - procedural flaw identified - other disciplinary options available - dismissal harsh in all circumstances considered - appeal allowed - alternative penalty imposed - unpaid suspension and regression for fixed periods as specified - orders issued. Legislation Cited: Public Sector Employment and Management Act 2002 Transport Appeals Board Act 1980 Transport Administration (Staff) Regulation 2005 Work Health and Safety Act 2011 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Commissioner of the ACT Revenue v Alphaone Pty Ltd [1994] FCA 1074 Dixon v Commonwealth (1981) 61 ALRR 173 Duhbihur v Transport Appeal Board and Anor [2005] NSWSC 811 Ford v State Transit Authority of New South Wales [2011] NSWTAB 12 Grant Thompson v Boral Cement Limited [2011] NSWIRComm 1045 Jaggars v State Transit Authority [2012] NSWTAB 18 Jarratt v Commissioner of Police for New South Wales and Anor [2005] HCA 50 John Lysaght (Australia) Limited v Federated Ironworkers' Association (1972) AILRR 517 Pastrycooks Employees, Biscuit Makers Employees & Flour and Sugar Goods Workers Union (NSW) v Gartrell White (No 3)(1990) 35 IR 70 PSA & Professional Officers Association Amalgamated Union of New South Wales (on behalf of Lloyd Kerr) v Director of PE by her Agent the Director- General of the Department of Juvenile Justice [2009] NSWIRComm 1034 Murphy v State Transit Authority [2012] NSWTAB 19 Stevenson v Mid Western Regional Council [2009] NSWIRComm 1086 Ryan v RailCorp [2012] NSWTAB 21 Walters v RailCorp [2012] NSWTAB 3 Category: Principal judgment Parties: William Stevens (Appellant)