Wheeler v RailCorp [2011] NSWTAB 21

Transport Appeal Boards New South Wales Medium Neutral Citation: Wheeler v RailCorp [2011] NSWTAB 21 Hearing dates: 02/11/2011 Decision date: 04 November 2011 Jurisdiction: Civil Before: Ritchie C (Board) Decision: Catchwords: Duty Manager applied for days off by completing an application for leave-Station Manager not available so forged her signature-Duty Manager admitted action-investigation commenced-Respondent determined that action contrary to Code of Conduct-penalty regressed from Duty Manager to Customer Service Attendant Qualified-not eligible for promotion for a period of 12 months. -Appellant long term employee who was aware of procedures -breached Code of Conduct -Board dismissed appeal. Category: Principal judgment Parties: Mr M Wheeler (Appellant)

RailCorporation of NSW(Respondent) Representation: Leigh Heaney Rail Traim & Bus Union (Appellant)

Anne Baxter RailCorp (Respondent) File Number(s): TAB 1109 of 2011

DECISION

Introduction 1The Rail Tram and Bus Union filed an appeal on 6 August 2011, on behalf of its member Mr Michael Wheeler as a consequence of the respondent regressing Mr Wheeler from his position of Duty Manager at the Morisset railway station to the position of Customer Service Attendant Qualified. 2The appeal came before Bishop C for conciliation on 30 August 2011, but was not settled and therefore proceeded to arbitration on 2 November 2011. At the end of the hearing on that day the Decision was reserved.

Issue(s) 3On 19 November 2010 Mr Wheeler completed an application for leave requesting time off for the period of 2 December 2010 to 5 December 2010 inclusive. He signed the form dating it 19 November 2011. In completing the leave form Mr Wheeler forged the signature of Ms N Kelly the acting Station Manager dating the signature 18 November 2010. 4In completing the form Mr Wheeler under the sub heading of Reason typed: to clear some accumulated leave while we have a spare body no ot involved. Under the sub heading of Station Manager Recommendation he typed: can't see an issue have someone to cover involves no ot. 5The leave form was then faxed to the Customer Service Manager. On receiving the form Mr Dunford sought to speak to Ms Kelly but was advised she was on a day off. This raised his suspicions so he held the form to speak to Ms Kelly. On returning to work on 22 November 2010, Ms Kelly saw the leave form in a tray designated for leave forms. She did not recognise the form and believed that her signature had been forged. She then contacted Mr Dunford. 6An investigation was commenced by the Investigation Unit of the respondent. Allegations were placed in writing and sent to Mr Wheeler. Mr Wheeler admitted that he had forged Ms Kelly's signature.