The Full Bench has upheld an appeal in relation to an application regarding the termination of the applicant union member’s employment as a lecturer with the respondent. 

At the first instance, the appellant union lodged an application on behalf of its member, a lecturer at the respondent institution who was terminated from his employment. The application sought interim and final relief, including reinstatement or re-employment and continuity of service. The respondent argued that the Commission lacked jurisdiction to hear the matter, as the appellant union's member had standing to appeal his dismissal under s 78(2) of the Public Sector Management Act 1984 (PSM Act) instead. Commissioner Tsang upheld the respondent's arguments and dismissed the application for want of jurisdiction. 

The appellant contested the Commission's decision, contending that the term "refer" in the PSM Act should be distinguished from "appeal" in the Industrial Relations Act 1979, thus maintaining the Commission's broader jurisdiction. Conversely, the respondent contended that the Commission's jurisdiction is excluded by specific regimes covering disciplinary matters and appeals in other legislation. They argued that a broad interpretation of "appeal", encompassed any review application to a higher tribunal. 

The appeal primarily revolved around whether the legislative framework establishes separate mechanisms for handling disciplinary matters and appeals, with the Commission's jurisdiction being available only when there is no such separate scheme in place. Ultimately, the Full Bench upheld the appeal, quashing the original order. 

The decision can be read here. 

Decision issued Monday, 6 May 2024.