Greig v Director General Department of Education and Communities (No 3) [2014] NSWIRComm 34

Industrial Relations Commission New South Wales Medium Neutral Citation: Greig v Director General Department of Education and Communities (No 3) [2014] NSWIRComm 34 Hearing dates: 10 June 2014 Decision date: 18 July 2014 Jurisdiction: Industrial Court of NSW Before: Boland AJ Decision: The Court makes the following orders: (1)If leave to appeal is required, leave is granted. (2)The appeal is dismissed. (3)No order as to costs. Catchwords: APPEAL - Appellant a member of the teaching profession - Appellant demoted for misconduct and transferred to another school - Initial appeal brought under s 98 of Industrial Relations Act 1996 - Appeal dismissed - Further appeal to single judge under s 197B of Industrial Relations Act - Multiple assertions by appellant that errors made at first instance in relation to decisions on questions of law - Whether jurisdiction protective or punitive - Appeal dismissed Legislation Cited: Government and Related Employees Appeal Tribunal Act 1980 Industrial Relations Act 1996 Public Sector Employment and Management Act 2002 Teaching Service Act 1980 Teaching Service Regulation 2007 Transport Appeals Board Act 1980 Cases Cited: Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 Byrne v Rail Corporation of NSW [2012] NSWIRComm 117 Caiman v Commissioner of Police (1999) 167 ALR 91 Clisdell v Commissioner of Police (1993) 31 NSWLR 555 Director-General, Dept of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102; (2009) 74 NSWLR 523 Drake Personnel Ltd t/a Drake Industrial v Workcover Authority of New South Wales (Inspector Ch'ng) (1999) 90 IR 432 Edyp & Ors v Brazbuild Pty Ltd [2011] NSWCA 218 Greig v Director-General, Department of Education and Communities [2013] NSWIRComm 1025 Greig v Director General, Department of Education and Communities [2014] NSWIRComm 26 Housing Commission of NSW v Tatmar Pastoral Co Pty Limited (1983) 3 NSWLR 378 Hutchinson v Roads and Traffic Authority [2000] NSWCA 332 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32; 241 CLR 390 Maritime Services Board v Murray (1993) 52 IR 455 Mifsud v Campbell (1991) 21 NSWLR 725 North Sydney Council v Lygon (1995) 87 LGERA 435 Rail Corporation New South Wales v Brown [2012] NSWIRComm 14 Rail Corporation of New South Wales v Brown [2012] NSWCA 296 Rail Corporation of New South Wales v Elleray [2013] NSWIRComm 86 Rossmar Park Pastoral Co Pty Ltd v Coal Mines Australia Pty Ltd [2008] NSWSC 1385 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Totalisator Agency Board (NSW) v Casey (1994) 54 IR 354 von Senff v State Transit Authority [2013] NSWIRComm 1013 Category: Principal judgment Parties: Ian Greig (Appellant) Director General, Department of Education and Communities (Respondent) Representation: A Britt of counsel (Respondent) Ian Greig (Appellant in Person) J Bennett (Respondent) File Number(s): IRC 1025 of 2013 Decision under appeal Citation: [2013] NSWIRComm 1025 Date of Decision: 2013-11-20 00:00:00 Before: Commissioner P Newall File Number(s): IRC 1271 of 2013