Disciplinary Appeals
The Transport Appeal Boards
The Transport Appeal Boards (TAB) are independent bodies established under Transport Appeal Boards Act 1980 to fairly and impartially hear and determine appeals by employees against certain decisions of public sector transport Authorities to dismiss or otherwise discipline them. The Board comprises an independent Chairperson, an employee's representative nominated by the appropriate union and an employer's representative nominated by the employer.
Who can Appeal
Most employees of the New South Wales State Rail Authority / RailCorp, State Transit Authority and Sydney Ferries.
topDisciplinary Decisions which can be Appealed Against
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fine - (amount not exceeding $100)
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reduction in position, rank or grade and pay
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suspension from duty
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dismissal
There is no right of appeal to the Boards against a caution or reprimand.
Time Limit for Appeal
Notice of Appeal must be lodged with the Secretary within 21 days after notice in writing of the decision to be appealed against is given to the employee. There is NO power to extend the statutory time limit (See s.13, TAB Act).
How to Appeal
The printed form of Notice of Appeal should be completed. These forms are available from Human Resources and union offices. Forms may also be obtained from the Registry and downloaded Notice of Appeal form (pdf - 151kb). If no forms are readily available any document sufficiently identifying the decision appealed against should be lodged with the Secretary prior to the appeal period closing.
The Notice of Appeal must be lodged in the Registry at Level 2, 1 Oxford Street, Darlinghurst. It may be lodged personally or by post or facsimile (9020 4790).
The office hours of the Registry are from 9.00am to 4.30pm, Monday to Friday, inclusive. Remember that the Registry closes for business at 4.30pm daily. If you post or fax your Notice allow time for it to reach the Registry before the deadline.
After an Appeal is Lodged
The parties will be sent a notice of the date the appeal has been set down for mention. This is a preliminary hearing before the Secretary or the Chairperson to determine the future conduct of the appeal and fix a hearing date, if appropriate. Mentions are usually conducted on Fridays at 9.15am.
The parties and/or their representatives are required to attend the mention. Information which will be sought from the parties at the mention includes:
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an indication whether a breach of discipline is denied or the appeal is limited only to the severity of the penalty imposed;
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the number of witnesses to be called by the parties and their availability; and
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the expected length of the hearing.
It is the practice to order the employer to provide the Board with a written case and relevant documents at least 7 days before the hearing.
For ease of identification at the hearing the documents produced should be numbered and indexed.
The Hearing
The appeal is a formal one conducted in a manner similar to a Court hearing.
The employer's case is presented first. Unless there are unusual circumstances the documentary material provided by the parties and which is examined by the Board prior to the hearing is admitted into evidence.
Although the Board is not bound by the rules of evidence witnesses are examined under oath.
Decision of Board
The Board has the power to confirm or modify the decision appealed against or make such other order as it thinks fit.
Usually the Board announces its decision to the parties at the conclusion of the hearing. A written decision is then forwarded to the parties by the Secretary, this normally occurs within 2 - 4 weeks after the hearing.
On occasion the Board will reserve its decision, if this occurs a written decision will be published and forwarded to the parties by the Secretary usually within 2 - 4 weeks after the hearing.
The decision of a Board is final.
Withdrawal of Appeal
An appeal may be withdrawn by an appellant in writing at any time and may be verbally withdrawn in the course of the hearing.
If it is decided prior to the hearing to withdraw an appeal the Secretary should be informed by the appellant in writing immediately to minimise cost and inconvenience to the employer and the Board. Please note the legislation requires the appellant to sign any written withdrawal.