Singh v State Transit Authority [2011] NSWTAB 25

Singh v State Transit Authority [2011] NSWTAB 25

The appeal was dismissed because the evidence supported the finding that the Appellant used inappropriate language and acted aggressively towards Mr Phung, the Appellant's explanation that Mr Phung failed to contact the radio room did not excuse that conduct, and the Appellant's refusal to give evidence after notice of required cross-examination significantly undermined the credibility of his defence and meant he did not make out a basis to overturn the permanent regression.

Jurisdiction
Australia
Judgment Date
14 December 2011
Procedural Posture
Appeal Under Clause 32 of the Transport Administration (staff) Regulation 2005 Against Permanent Regression in Position and Pay / Final Decision After Hearing
Outcome
Appeal dismissed
Legal Topics
['state Transit Authority Bus Operations' 'workplace Incident' 'inappropriate Language and Demeanour' 'breach of Code of Conduct' 'permanent Regression in Position and Pay' 'cross Examination and Failure to Give Evidence']
['public Service' 'employment Discipline' 'transport Employment'] ['state Transit Authority Bus Operations' 'workplace Incident' 'inappropriate Language and Demeanour' 'breach of Code of Conduct' 'permanent Regression in Position and Pay' 'cross Examination and Failure to Give Evidence']

Case Brief

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Procedural Posture

Appeal Under Clause 32 of the Transport Administration (staff) Regulation 2005 Against Permanent Regression in Position and Pay / Final Decision After Hearing

Legal Issues

  1. 1 ["Whether the State Transit Authority's decision to permanently regress the Appellant from Team Leader to Bus Operator should be overturned." "Whether the Appellant's use of inappropriate language and conduct towards Bus Operator Thai Phung justified disciplinary action." 'What consequence should follow from the Appellant not taking the witness box after being put on notice that he was required for cross-examination.']

Ratio Decidendi

The appeal was dismissed because the evidence supported the finding that the Appellant used inappropriate language and acted aggressively towards Mr Phung, the Appellant's explanation that Mr Phung failed to contact the radio room did not excuse that conduct, and the Appellant's refusal to give evidence after notice of required cross-examination significantly undermined the credibility of his defence and meant he did not make out a basis to overturn the permanent regression.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal by Mr Surinder Singh is dismissed.']