AGY-4890 | Crown Employees Appeal Board

Full description

The Crown Employees Appeal Board Act, 1944 created the Board whose function was to hear and determine appeals by some Crown employees. The Board consisted of three members a Chairman, an employers' representative and employees' representative. (1) The Chairman was appointed by the Governor and was to be a judge of the Supreme Court of New South Wales nominated by the Chief Justice or a member of the Industrial Commission of New South Wales nominated by the President, or a person eligible for appointment as a Supreme Court Judge or member of the Industrial Commission. (2) The employers' and the employees' representatives were nominated by employers and employees' associations respectively. The employers and employees' associations to who the Act applied were listed in schedules to the act and the lists were subsequently amended by proclamation in the NSW Government Gazette . Each employer and association of employees nominated a Board member and an alternate member. (3) These representatives held office for three years. (4) The Police Appeals Board that was established by the Police Regulation (Appeals) Act, 1923 (Act No 33, 1923) was abolished and the functions were transferred to the Crown Employees Appeal Board. (5) The Act provided for the Board to employ a Secretary to receive notices of appeal, advise the relevant employer, (6) convene the meetings and to keep records of its proceedings and decisions, and other staff required for it to fulfil its role. (7) The Board was competent to hear appeals from employees aggrieved by decisions or determinations of their employers including
(a) promotion or appointment to a permanent position of an officer other than the one who, according to rules of promotion should have been offered the position;
(b) reduction in rank, position, grade or salary;
(c) dismissal;
(d) being fined or forfeiting pay; or
(e) requiring the officer to resign. (8) Appeal against appointments with salaries exceeding £1000 [this figure increased by various amending Acts] and those in the special division were exempted from the provisions of the Act. If the Board was satisfied that an organisation was reducing in size no appeal against the dismissal of employees could be heard. (9) The Board had powers similar to those of commissioners under the Royal Commission Act 1923 (10) The decision of the Board was final and employers and employees affected by an appeal were required to implement the determination of the Board. (11) The first regulsation were issued on 27 April 1944 (12) and the sections of the Act that provided for the commencement of hearings was proclaimed to begin on 1 October 1944 (13) The Crown Employees Appeal Board (Amendment) Act, 1957 (Act No 55, 1957) provided for the appointment of a temporary chairman who could conduct sittings simultanously as the Chairman of the Board in order to deal with the volume of business that came before the Board. (14) For the same purpose an increased number of alternate members could be nominated by employers or employees' associations. (15) The Crown Employees Appeal Board was abolished by the Government and Related Employees Appeal Tribunal Act 1980 that commenced on 1 September 1980 (16) Endnotes
(1) Crown Employees Appeal Board Act, 1944 s. 3(3)
(2) Ibid. s. 4
(3) Ibid. s. 5
(4) Ibid. s. 6
(5) Ibid s. 15
(6) Ibid. s. 11
(7) Ibid. s. 8
(8) Ibid s. 10 (1)
(9) Ibid. s. 10 (1)(e)(i)-(ii)
(10) Ibid s. 12
(11) Ibid. s. 13
(12) NSW Government Gazette 28 April 1944 p. 793
(13) NSW Government Gazette 29 September 1944 p. 1675
(14) Crown Employees Appeal Board (Amendment) Act 1957 s. 2
(15) Loc. Cit.
(16) NSW Government Gazette 29 August, 1980 p.