Government and Related Employees Appeals Tribunal of New South Wales

Last updated

The Government and Related Employees Appeals Tribunal of New South Wales (formerly commonly known as GREAT) was a tribunal established under the Government and Related Employees Appeal Tribunal Act 1980 (NSW). It heard certain promotional appeals and disciplinary appeals from employees of the Government of New South Wales. It commenced operation on 1 September 1980 and ceased operations on 1 July 2010, when its functions were subsumed by the Industrial Relations Commission of New South Wales. [1]

Contents

History

The tribunal commenced on 1 September 1980. It replaced the Crown Employees Appeal Board of New South Wales and the Promotions Appeal Tribunal of New South Wales constituted under section 69H of the Public Service (Promotion Appeals) Act 1902 (NSW).

Jurisdiction

GREAT heard and determined appeals against decisions relating to the discipline and promotion of NSW public sector employees and employees of certain other statutory authorities. GREAT also heard promotion appeals and Hurt On Duty Claims by members of the New South Wales Police Force.

There were limited rights of appeal to the Supreme Court of New South Wales. NSW public sector employees often had the option of seeking reinstatement or re-employment in the New South Wales Industrial Relations Commission. However they were usually required to choose one or the other.

Chairperson and members

The former chairperson, up until the Tribunal's dissolution, was Ms Patricia A Lynch. While an appeal panel consisted of the Chairperson and 2 others, there were no other 'members' of the GREAT. The two 'others' sitting on an appeal panel consisted of one person nominated by the employer and one by the employee's union. The purpose was to get a 'balanced' decision on appeal.

Related Research Articles

Australian labour law concerns Commonwealth, state, and common law on rights and duties of workers, unions and employers in Australia. Australian labour law, has a dual structure, where some employment issues and relationships are governed by Commonwealth laws, and others are governed by state laws or the common law. It shares a heritage with laws across the Commonwealth of Nations, UK labour law and standards set by the International Labour Organization, the Australian legislature and courts have a built a comprehensive charter of rights at work.

CPSU, the Community and Public Sector Union is a national trade union in Australia. The union came into existence on 1 July 1994 with the amalgamation of the Public Sector, Professional, Scientific, Research, Technical, Communication, Aviation and Broadcasting Union ("PSU") with the State Public Service Federation. The CPSU is one of the largest trade unions in Australia with 120,000 members.

The Administrative Decisions Tribunal of New South Wales (ADT) was established in 1997 and was replaced in 2014 by the NSW Civil and Administrative Tribunal (NCAT). It did not have general jurisdiction, but had various jurisdictions conferred by particular statutes. It was responsible for reviewing decisions of some New South Wales government departments, for hearing discrimination complaints referred by the President of the New South Wales Anti-Discrimination Board, for hearing complaints about professional misconduct and for hearing disputes over commercial leases.

Employment tribunals are tribunal public bodies in England and Wales and Scotland which have statutory jurisdiction to hear many kinds of disputes between employers and employees. The most common disputes are concerned with unfair dismissal, redundancy payments and employment discrimination. The tribunals are part of the UK tribunals system, administered by the Tribunals Service and regulated and supervised by the Administrative Justice and Tribunals Council.

Dust Diseases Tribunal of New South Wales

The Dust Diseases Tribunal of New South Wales was established on 21 July 1989 as a specialist court within the Australian court hierarchy with exclusive jurisdiction within New South Wales, Australia, to deal with claims for damages from sufferers of dust-related illnesses, including those linked to asbestos exposure, and from dependants of sufferers who have died. The tribunal is located in the John Maddison Tower in the Sydney central business district.

The Transport Appeals Board of New South Wales is a tribunal established under the Transport Appeal Boards Act 1980 (NSW). It hears certain promotional appeals and disciplinary appeals from transport employees of the New South Wales State Government.

The Land and Valuation Court of New South Wales was a court which had jurisdiction to deal with disputes concerning crown land in New South Wales. It replaced the Land Court of New South Wales on 10 December 1921 and itself replaced by the Land and Environment Court of New South Wales on 1 September 1980.

The Guardianship Tribunal of New South Wales, a former specialist disability tribunal of the Government of New South Wales for people with cognitive incapacity, or disability operated between 1989 and 2013. The Tribunal was superseded by the New South Wales Civil and Administrative Tribunal (NCAT) which came into effect from 1 January 2014. Its functions now operate within a divisional context in the NCAT.

Industrial Court of New South Wales

The Industrial Court of New South Wales was a court within the Australian court hierarchy that exercised the judicial functions of the Industrial Relations Commission of New South Wales within the Australian state of New South Wales. The Commission has exclusive jurisdiction in respect of industrial disputes in that state.

Industrial Relations Commission of New South Wales

The Industrial Relations Commission of New South Wales conciliates and arbitrates industrial disputes, sets conditions of employment and fixes wages and salaries by making industrial awards, approves enterprise agreements and decides claims of unfair dismissal in New South Wales, a state of Australia. The Commission was established with effect from 2 September 1996 pursuant to the Industrial Relations Act, 1996 (NSW).

The Consumer, Trader and Tenancy Tribunal of New South Wales was a tribunal that specialises in resolving consumer disputes in New South Wales, a state of Australia. The tribunal has concurrent jurisdiction in respect of certain consumer claims with the normal civil courts of New South Wales. In other areas of consumer law, it has exclusive jurisdiction. It was created on 25 February 2002 and ceased to function on 31 December 2013, its function assumed by the New South Wales Civil and Administrative Tribunal (NCAT).

The New South Wales Coal Compensation Review Tribunal was a tribunal in New South Wales, a state of Australia, which had responsibility for determining appeals about compensation payable when coal in the state was compulsorily acquired during 1981. The tribunal was in operation between 1985 and 1 January 2008.

The Marine Appeal Tribunal of New South Wales, is a former tribunal in New South Wales, a state of Australia, which dealt with appeals from decisions of the NSW Minister for Ports under certain decisions under the Marine Safety Act 1998 (NSW). The tribunal is now constituted under the New South Wales Civil and Administrative Tribunal.

The Police Tribunal of New South Wales was a tribunal established in New South Wales, a state of Australia to deal with allegations of misconduct by New South Wales Police. It was established in 1990 and abolished in 1998.

New South Wales Court of Appeal

The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales.

The Court of Arbitration was the first court in New South Wales, a state of Australia which dealt exclusively with industrial relation disputes in the early twentieth century. Justice Lance Wright claims that it perhaps was the first court of its type in the world. The court was unique at that time as it was the first court of its type to deal with labour relations between employer and employees on a compulsory basis. Previous arbitration measures between employer and employee had been on a voluntary basis or had been based on the criminal justice system through the use of criminal penalties. The conventional economic model is that both employer and employee enjoy equal bargaining power to set wages and conditions. This asserts that both parties are able to agree on a fair market price for the cost of labour free from distortions. However, where employers or employees group together, these outcomes can be distorted particularly in “boom” or “bust” economic conditions. The purpose of the court was to change the manner in which employers and employees negotiated pay and conditions. It was an attempt to reduce the power imbalances between employer groups or employee unions that arose from using collective bargaining, and the resulting use of that market power to influence wages, and also to reduce the threat of lockout or strikes to achieve those ends.

The Nurses and Midwives Tribunal is a former tribunal that was established in the Australian state of New South Wales which dealt with appeals and complaints of professional misconduct by nurses and midwives. The tribunal generally heard matters after the Nurses and Midwives Board has made a decision or a professional association had referred an issue to the tribunal. The tribunal heard matters in an informal manner in an attempt to do justice in the matter. The tribunal also conducted inquiries into complaints referred by the New South Wales Health Care Complaints Commission.

Chief Industrial Magistrates Court

The Chief Industrial Magistrate's Court of New South Wales, a division of the Local Court of New South Wales, is a court within the Australian court hierarchy established pursuant to the Industrial Relations Act 1996 (NSW).

The Physiotherapists Tribunal is a former tribunal established in the Australian state of New South Wales which dealt with appeals and complaints of professional misconduct by physiotherapists.

References

  1. "C2010-21 Transfer of public sector appeals processes to the NSW Industrial Relations Commission". Department of Premier and Cabinet . Government of New South Wales. 7 July 2010. Retrieved 12 August 2016.