Marroun v State Transit Authority

The case of *Marroun v State Transit Authority* concerned an appeal to the Supreme Court of New South Wales by Mr Marroun, a former public sector employee, against a decision of the Industrial Relations Commission (IRC) that upheld his dismissal. The State Transit Authority was the respondent. The appeal to the Supreme Court was brought under section 101(3A) of the *Supreme Court Act 1970* (NSW).

The primary legal issues before the Supreme Court were whether the appeal to the Supreme Court was subject to a leave requirement under section 101(2)(r) of the *Supreme Court Act 1970* (NSW), and whether the IRC had acted within its jurisdiction when it upheld Mr Marroun's dismissal based on conduct that had not been formally charged. Further, the Court considered whether the IRC's decision involved procedural unfairness, and if it was open to Mr Marroun to allege such unfairness given that an appeal under the *Industrial Relations Act 1996* (NSW) is generally limited to questions of law.

The Court reasoned that the appeal to the Supreme Court was not subject to the leave requirement under section 101(2)(r) of the *Supreme Court Act 1970* (NSW). It found that the IRC's decision to uphold the dismissal on the basis of uncharged conduct constituted a jurisdictional error, as it went beyond the scope of the disciplinary proceedings. The Court also determined that the IRC's adoption of a process that did not afford Mr Marroun a proper opportunity to respond to the uncharged conduct amounted to procedural unfairness, and that this was a question of law that could be raised on appeal.

Consequently, the Supreme Court granted leave to appeal, allowed the appeal, and set aside the orders of the Common Law Division. The Court also set aside the IRC's decision dismissing Mr Marroun's appeal and ordered that the matter be remitted to the IRC for reconsideration of appropriate orders. The State Transit Authority was ordered to pay Mr Marroun's costs of the IRC appeal and the proceedings in the Supreme Court.