Chapman v Rail Corporation of New South Wales [2011] NSWTAB 2

Transport Appeal Boards New South Wales Medium Neutral Citation: Chapman v Rail Corporation of New South Wales [2011] NSWTAB 2 Hearing dates: 3 February 2011 Decision date: 10 February 2011 Before: Connor C (Board) Decision: The proposed suspension of Mr Chapman for his use of offensive language and for writing a note containing offensive words and placing it inside his car, alleged breaches of the RailCorp code of conduct, is not warranted. Counselling and a warning considered more appropriate Catchwords: SUSPENSION - rail services - breaches of the established code of conduct - offensive language - writing an offensive note - appeal upheld Legislation Cited: Industrial Relations Act 1996 Cases Cited: Gorman v Broken Hill Proprietary Company Limited - unreported Jupiter General Insurance Company Limited v Andeshir Bomanji Shroff (1937) 3 All ER 67 South Sydney City Council v Federated Municipal and Shire Council Employees Union (1989) 28 IR 363 Category: Principal judgment Parties: Marc Chapman (Appellant)

Rail Corporation of New South Wales (Respondent) Representation: Mick Cartwright Rail Tram and Bus Union (Appellant)

Melanie Robinson Rail Corporation of New South Wales (Respondent) File Number(s): TAB 1611 of 2010

DECISION

INTRODUCTION 1Mr Marc Chapman is a train driver and train crew team leader employed by the Rail Corporation of New South Wales and attached to Central Depot. Following a disciplinary investigation concerning allegations made against him, the decision was made to suspend him without pay for one working week. The allegations are that at 2.00pm on Thursday, 10 June, 2010 at a siding car park he breached the RailCorp Code of Conduct by: * subjecting another RailCorp employee (a transit officer) to offensive and inappropriate language; and *displaying a note with offensive language on the dashboard of his private vehicle. 2RailCorp asserted that both offences constituted breaches of the RailCorp code of conduct. 3Mr Chapman is a member of the Rail Tram and Bus Union which on Tuesday, 9 November, 2010, pursuant to the provisions of the Transport Administration (Staff) Regulation 2005, lodged an appeal to a Transport Appeals Board against the decision of RailCorp to suspend him. Pending the resolution of that matter, the suspension has not been imposed.