Mourad v RailCorp [2011] NSWTAB 5

Transport Appeal Boards New South Wales Medium Neutral Citation: Mourad v RailCorp [2011] NSWTAB 5 Hearing dates: 2 February 2011 Decision date: 08 March 2011 Before: Oakman AC (Board) Decision: (1) The appeal is allowed; (2) The decision of RailCorp to dismiss Mr Mourad is set aside and he is reinstated to the position of Presentation Services Attendant with a date of effect of 26 October 2010; (3) Mr Mourad is suspended without pay for the period of 150 days from 27 October 2010 to 25 March 2011 inclusive; and (4) A final warning is to be placed on Mr Mourad's employment record. Catchwords: PUBLIC SERVICE - discipline and misconduct - rail employees - unacceptable behaviour - tapping employee on head with piece of wood - verbal altercation - dismissed by employer - appeal to Transport Appeal Board - misconduct denied in part - HELD - appeal allowed - skylarking - serious misconduct - dismissal set aside - employee reinstated - suspended without pay for 150 days Legislation Cited: Transport Administration (Staff) Regulation 2005Transport Appeal Boards Act 1980 Cases Cited: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (obo Harrison and Anor) and Australian Co-operative Foods Ltd [2000] NSWIRComm 199Briginshaw v Briginshaw & Anor (1938) 60 CLR 336Charwaki v RailCorp [2008] NSWTAB 33Duhbihur v Transport Appeal Board and Anor [2005] NSWSC 811Graham v South Eastern Sydney and Illawarra Area Health Service [2010] NSWIRComm 1023Kumar v Valuca Pty Ltd [2001] NSWIRComm 63 Category: Principal judgment Parties: Abdul Mourad (Appellant)

Rail Corporation of NSW (Respondent) Representation: Mr M Cartwright, RTBU (Appellant)