Shayne Thompson and RailCorp [2011] NSWTAB 22

Transport Appeal Boards New South Wales Medium Neutral Citation: Shayne Thompson and RailCorp [2011] NSWTAB 22 Hearing dates: 16 September 2011 Decision date: 25 November 2011 Before: Macdonald C (Board) Decision: (1) The appeal is disallowed. (2) RailCorp to provide to the appellant his Certificate of Competency and Rail Industry Safety Induction Certificate. Catchwords: PUBLIC SERVICE - RailCorp - employee dismissed for failure to notify employer of criminal convictions - appeal by employee - Hearing - employee pleaded guilty but argued mitigating circumstances - medical evidence provided to explain employee's conduct - evaluation by Board of medical evidence - Board rejected medical evidence as explanation for employee's conduct - HELD: appeal against dismissal dismissed - order by Board that RailCorp provide certain work certificates to employee. Legislation Cited: Transport Appeal Boards Act 1980 Cases Cited: Department of Health v Periphan Kaplan [2010] NSWIRComm 65 Crutcher v RailCorp [2011] NSWTAB15 George Maitland v Royal Blind Society of New South Wales [2004] NSWIRComm 368 Category: Principal judgment Parties: Shayne Thompson (Appellant)

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

Ms M Robinson Rail Corporation of NSW ( Respondent) File Number(s): TAB 1063 of 2011

DECISION

INTRODUCTION 1Mr Shayne Thompson ("the appellant") commenced employment with Rail Corporation of NSW ("RailCorp") on 21 November 2000 as a Fettler. On 8 November 2003, he was promoted to the role of Signals Mechanical. He remained in this role at Strathfield until his dismissal on 31 May 2011. 2The appellant lodged on appeal in respect of his dismissal. On the Notice of Appeal, he indicated a plea of Guilty to the two allegations which were the cause of his dismissal.