Greig v Director-General, Department of Education and Communities [2013] NSWIRComm 1025

Industrial Relations Commission New South Wales Medium Neutral Citation: Greig v Director-General, Department of Education and Communities [2013] NSWIRComm 1025 Hearing dates: 17, 18, 19, 20 September 2013; 11 October, 29 October, 8 November 2013 Decision date: 20 November 2013 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Appeal dismissed Catchwords: Disciplinary appeal - Head Teacher - reduction in rank - whether consequential transfer 'punishment' - whether transfer within jurisdiction - nature of disciplinary powers - proper tests in disciplinary appeal - misconduct - definition of misconduct - level of proof of misconduct - effect of s.5A of Teaching Service Act - role of Head Teacher - administrative as well as teaching responsibilities - misconduct made out in part - punishment justified - appeal dismissed.

Procedural fairness - hearing de novo before Commission able to cure any procedural unfairness - no procedural unfairness established.

Commission's powers pursuant to s.163 of Industrial Relations Act 1996 - obligation to act expeditiously - proper allocation of time by Commission - proper approach to evidence by parties - need for evidence to be relevant - limits on evidence. Legislation Cited: Evidence Act 1995 s.140 Industrial Relations Act 1996 s.98, s.100B(2), s.100C, s.100D, s.162(2)(a), s.162(2)(c); Teaching Service Act 1980 s.5A, s.93B, s.93C. Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Briginshaw v Briginshaw (1938) 60 CLR 336 Calman v Commissioner of Police [1999] HCA 60; (1999) 167 ALR 91 Commissioner for Police v Donlan (unreported, Supreme Court of NSW, 8 August 1995) Duhbihur v Transport Appeal Board [2005] NSWSC 811 Four Sons Pty Ltd v Limsiripothong (2000) 98 IR 1 Franks v Roads and Traffic Authority [1996] NSWCA 192 Matkevich v NSW Technical and Further Education Commission (No 3) (Supreme Court of NSW, 2 Feb 1996, unrep National Union of Workers NSW Branch (on behalf of Khan) v Cuno Pacific Pty Ltd (2005) 146 IR 441 NSW Health Services Northern Sydney Local Health District v Hargreaves [2012] NSWIRComm 123 Pastrycooks Employees, Biscuit Makers and Flour and Sugar Goods Workers' Union v Gartrell White (No 3) (1990) 35 IR 70 R v Marks; ex parte ABCE & BLF (1981) 147 CLR 471 Rail Corporation of NSW v Elleray [2013] NSWIRComm 86 Skelly v Prouds Jewellers P/L (1993) 53 IR 1 Category: Principal judgment Parties: Mr Ian Greig - Appellant Director-General, Department of Education and Communities - Respondent Representation: Mr A Britt (Respondent) Mr J Bennett - Respondent File Number(s): IRC 1271 of 2012