Greenwood and Building Services Board

In the case before the court, Greenwood, a building surveying practitioner, was employed by the Building Services Board to conduct a building survey. The dispute arose from the Board's allegations of misconduct and incompetence, leading to disciplinary action against Greenwood. The case was heard in the Building and Construction Industry Security of Payment Tribunal. The primary issue before the tribunal was whether Greenwood had engaged in disciplinary matters warranting termination of his employment. Specifically, the tribunal needed to determine if Greenwood's actions in signing and issuing a certificate of design compliance for a swimming pool barrier, before the permit authority had approved the barrier, constituted misconduct. Additionally, the tribunal examined whether Greenwood's failure to properly manage and supervise his team contributed to misleading conduct and whether these actions warranted disciplinary action.

The tribunal found that Greenwood had indeed engaged in misleading conduct by issuing the certificate of design compliance before the permit authority's approval, which was against industry standards. The tribunal concluded that Greenwood's actions were not only negligent but also misleading, as they gave an impression of compliance where none existed. Furthermore, the tribunal held that Greenwood's failure to properly manage and supervise his team was a significant contributing factor to the misleading conduct. The tribunal emphasised that as a building surveying practitioner, Greenwood was expected to adhere to strict professional standards, and his actions fell short of these expectations.

As a result of the tribunal's findings, it determined that disciplinary matters did exist, justifying the Board's decision to terminate Greenwood's employment. The tribunal acknowledged the importance of maintaining high professional standards within the building surveying industry and reinforced the need for practitioners to adhere to regulatory requirements. The tribunal's decision was clear and unambiguous, affirming that Greenwood's actions warranted the disciplinary measures taken by the Board.