Jarman and RailCorp [2011]NSWTAB [2011] NSWTAB 18

Transport Appeal Boards New South Wales Medium Neutral Citation: Jarman and RailCorp [2011]NSWTAB [2011] NSWTAB 18 Hearing dates: 15-17 & 26 August 2011 Decision date: 07 October 2011 Before: Macdonald C (Board) Decision: (1) The appeal is disallowed Catchwords: PUBLIC SERVICE - RailCorp - employee engaged as Customer Service Team Leader Qualified at Campbelltown Station - the Station Manager/Duty Manager's office on platform 2 has a lost property locker and register - mobile phone handed in as lost property and recorded in lost property register - RailCorp employee accessed mobile in attempt to identify owner through phone number retained in mobile - message passed onto owner to contact Campbelltown Station - owner phoned Station but told mobile phone was recorded in lost property register as being picked up by owner - register showed entry of alleged owner and mobile phone number - RailCorp investigation - forensic analysis of handwriting entry made by someone who recorded that owner had picked up his phone - forensic analysis of handwriting of four employees undertaken - handwriting analysis suggested appellant had made the suspect entry in the register - appellant dismissed following investigation - APPEAL HEARING- Appeal disallowed Legislation Cited: Transport Appeal Boards Act 1980 Category: Principal judgment Parties: Robert Jarman (Appellant)

Rail Corporation of NSW (Respondent) Representation: Mr L Heaney Tran Tram and Bus Union (Appellant)

Ms M Robinson Rail Corporation of NSW (Respondent) File Number(s): TAB 909 of 2011

DECISION

Introduction 1Robert Jarman (the appellant) commenced employment with the Rail Corporation of NSW ("RailCorp") on 14 August 2000 as a casual employee during the Sydney Olympic Games. On 15 January 2001, his employment status was changed to permanent as a Customer Service Attendant Grade 2 at Turrella. On 30 May 2004, he was promoted to Customer Service Team Leader Qualified at Campbelltown Station. He remained in this role until his dismissal on 31 March 2011. The appellant has appealed that dismissal decision to the Transport Appeal Board ("the Board"). 2During proceedings, the Board became aware that Robert Jarman had changed his name legally and was formerly known as Robert Inns. Some of the evidence that arose during the proceedings referred to Robert Inns but mainly referred to Robert Jarman.