Dantos v State Transit Authority [2011] NSWTAB 9

Dantos v State Transit Authority [2011] NSWTAB 9

The Board accepted the STA witnesses' evidence, particularly the discreet check report, and found Charges 1, 2, 3, 4 and 6 made out. Mr Dantos' conduct on 5 November 2010, viewed with his history of similar breaches, prior warnings, lack of remorse and rejected explanations about shoulder pain and personal haze, justified termination of employment. However, because the matter involved poor performance issues and the dismissal meeting process was somewhat harsh, the Board allowed him seven days to submit a resignation effective 26 November 2010 in place of dismissal, failing which the dismissal would remain in effect.

Jurisdiction
Australia
Judgment Date
02 June 2011
Procedural Posture
Disciplinary Appeal to the Transport Appeal Board Against Dismissal / Principal Judgment After Hearing
Outcome
Termination of employment justified, but Mr Dantos was given an opportunity to resign instead of being dismissed; otherwise the dismissal remained in effect.
Legal Topics
['bus Operator Misconduct' 'poor Driving Record' 'dismissal' 'opportunity to Resign Instead of Dismissal']
['public Service Employment' 'discipline and Misconduct' 'transport Employment'] ['bus Operator Misconduct' 'poor Driving Record' 'dismissal' 'opportunity to Resign Instead of Dismissal']

Case Brief

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Procedural Posture

Disciplinary Appeal to the Transport Appeal Board Against Dismissal / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the disciplinary charges arising from Mr Dantos' operation of shift P622 on 5 November 2010 were made out." 'Whether dismissal was an appropriate disciplinary punishment in all the circumstances.' 'Whether Mr Dantos should be given an opportunity to resign instead of being dismissed.']

Ratio Decidendi

The Board accepted the STA witnesses' evidence, particularly the discreet check report, and found Charges 1, 2, 3, 4 and 6 made out. Mr Dantos' conduct on 5 November 2010, viewed with his history of similar breaches, prior warnings, lack of remorse and rejected explanations about shoulder pain and personal haze, justified termination of employment. However, because the matter involved poor performance issues and the dismissal meeting process was somewhat harsh, the Board allowed him seven days to submit a resignation effective 26 November 2010 in place of dismissal, failing which the dismissal would remain in effect.

Court Disposition

Termination of employment justified, but Mr Dantos was given an opportunity to resign instead of being dismissed; otherwise the dismissal remained in effect.

Orders

  • ['Mr Dantos has seven days from the date of this decision to submit his resignation, effective as of 26 November 2010, in writing to the STA.' 'If Mr Dantos submits a resignation in accordance with Order (1), the STA shall accept the resignation, effective as of 26 November 2010, in place of his dismissal on that...