The Industrial Relations Commission's jurisdiction on a public sector disciplinary appeal under s 98 of the Industrial Relations Act 1996 (NSW) is confined to the disciplinary charge laid by the employer; the Commission cannot dismiss an appeal on the basis of uncharged conduct. The Commission's powers are as broad as, but no broader than, those of the employer. [name withheld] is overruled on this point. Procedural unfairness can be raised on an appeal limited to decisions on questions of law under s 197B where the decision-maker has implicitly determined that the process adopted was not unfair. [name withheld] is overruled insofar as it held categorically that procedural unfairness cannot constitute a decision on a question of law.
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