Han v Rail Corporation of New South Wales [2011] NSWTAB 1

Transport Appeal Boards New South Wales Medium Neutral Citation: Han v Rail Corporation of New South Wales [2011] NSWTAB 1 Hearing dates: 20 January 2011, 21 January 2011 Decision date: 04 February 2011 Before: Connor C (Board) Decision: Mr Han has failed to provide RailCorp with complete details of his secondary employment, as he was obliged by the code of conduct to do, and that his failure to do so was intentional to cover up the private activities he was involved in whilst working for RailCorp. His use of RailCorp resources and time at work was excessive and he was continuing to perform much private activities in RailCorp time and with RailCorp resources despite counselling not to do so. His appeal over the termination of his services was dismissed Catchwords: DISMISSAL - rail services - breaches of the established code of conduct - failure to disclose secondary employment - improper use of employer's property and time to carry on secondary employment and for private purposes Cases Cited: Byrne v Australian Airlines Limited (1995) 61 IR 32 Del Casale v Artedomus (Australia) Pty Limited (2007) 165 IR 148 Metropolitan Meat Industry Board v Australasian Meat Industry Employees' Union (1973) AR 231 Pacific Power v Crump (1993) 48 IR 296 Perkins v Grace Worldwide (Australia) Pty Limited (1997) 72 IR 18 Category: Principal judgment Parties: Ping Han (Appellant) Rail Corporation of New South Wales (Respondent) Representation: Brendan Edghill Rail Tram and Bus Union (Appellant)

Melanie Robinson Rail Corporation of New South Wales (Respondent) File Number(s): TAB 1602 of 2010