FRANKS v ROADS AND TRAFFIC AUTHORITY [1996] NSWCA 193

FRANKS v ROADS AND TRAFFIC AUTHORITY [1996] NSWCA 193

The Tribunal had power to consider additional matters (beyond those relied on by the employer in the original demotion decision) and to substitute its own disciplinary penalty, including dismissal, pursuant to s48(2) of the Government and Related Employees Appeal Tribunal Act. No appealable error arose from its refusal of an adjournment or from its substantive decision.

Parties
Appellant: Gregory Franks; Respondent: Roads & Traffic Authority
Jurisdiction
Australia
Judgment Date
17 September 1996
Procedural Posture
Disciplinary Appeal / Appeal to Supreme Court of New South Wales Court of Appeal
Outcome
appeal dismissed with costs
Legal Topics
Statutory Tribunals, Disciplinary Proceedings, Procedural Fairness, Appeals From Administrative Decisions, Tribunal Powers
Administrative Law Employment Law Statutory Tribunals Disciplinary Proceedings Procedural Fairness Appeals From Administrative Decisions Tribunal Powers

Case Brief

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Parties

Gregory Franks

Appellant

Roads & Traffic Authority

Respondent

Procedural Posture

Disciplinary Appeal / Appeal to Supreme Court of New South Wales Court of Appeal

Legal Issues

  1. 1 Whether the Tribunal had power to consider matters beyond those relied upon by the employer in its original decision
  2. 2 Whether the Tribunal erred in law in refusing an adjournment related to additional matters
  3. 3 Whether the Tribunal could substitute dismissal for demotion

Ratio Decidendi

The Tribunal had power to consider additional matters (beyond those relied on by the employer in the original demotion decision) and to substitute its own disciplinary penalty, including dismissal, pursuant to s48(2) of the Government and Related Employees Appeal Tribunal Act. No appealable error arose from its refusal of an adjournment or from its substantive decision.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay respondent's costs