Grech v. State Transit Authority [2014] NSWIRComm 1030
Mr Grech's deliberate distribution of critical material to the public and encouragement of others to do so constituted misconduct and a breach of obligations under the Code of Conduct, justifying the disciplinary sanction imposed. The sanction was found to be appropriate and not justified by differential treatment or victimisation.
- Parties
- Appellant: Mr Peter Grech; Respondent: State Transit Authority
- Jurisdiction
- Australia
- Judgment Date
- 01 July 2014
- Procedural Posture
- Public Sector Disciplinary Appeal / Appeal From Imposition of Disciplinary Sanction
- Outcome
- Appeal dismissed
- Legal Topics
- Public Sector Discipline, Appeal De Novo, Misconduct in Employment, Union Delegate Discipline, Proportionality of Sanction
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Peter Grech
Appellant
State Transit Authority
Respondent
Procedural Posture
Public Sector Disciplinary Appeal / Appeal From Imposition of Disciplinary Sanction
Legal Issues
- 1 Whether Mr Grech engaged in misconduct justifying disciplinary sanction
- 2 Whether the imposed sanction was proportional and appropriate
- 3 Whether Mr Grech was victimised for union activities
Ratio Decidendi
Mr Grech's deliberate distribution of critical material to the public and encouragement of others to do so constituted misconduct and a breach of obligations under the Code of Conduct, justifying the disciplinary sanction imposed. The sanction was found to be appropriate and not justified by differential treatment or victimisation.
Court Disposition
Appeal dismissed
Orders
- The appeal is dismissed.
Full Case Text
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