Leslie Desira v State Transit Authority [2011] NSWTAB 26

Transport Appeal Boards New South Wales Medium Neutral Citation: Leslie Desira v State Transit Authority [2011] NSWTAB 26 Hearing dates: 10/10/11; 11/10/11 Decision date: 20 December 2011 Before: Macdonald C (Board) Decision: Appeal dismissed Catchwords: PUBLIC SERVICE - State Transit Authority - bus depot - contractor mistakenly left his angle grinder at bus depot following completion of contractor work - Appellant retrieved angle grinder from dock and placed in cardboard box - CCTV footage of foregoing conduct - Appellant transported cardboard box to his office - CCTV footage of foregoing conduct - contractor telephoned and enquired about his grinder - management viewed CCTV footage - Appellant did not advise of his knowledge as to grinder's whereabouts for 3 days - Appellant confronted by management - Appellant said grinder taken from his office without his knowledge - Appellant stood down - investigation - Appellant dismissed - Appeal - HEARING - two allegations against Appellant (larceny and dishonesty) - misconduct - onus - Appellant's defence rejected - Appeal Dismissed Legislation Cited: Transport Administration (Staff) Regulation 2005 Category: Principal judgment Parties: Leslie Desira (Appellant)

State Transit Authority (Respondent) Representation: Mr A Walkaden Automotive Food Metals Engineering Printing and Kindred Industries Union (Appellant)

Ms L Jardim (Respondent) File Number(s): TAB 1073 of 2011

DECISION

Introduction 1Mr Leslie Desira (the Appellant) has lodged an appeal, in accordance with clause 32 of the Transport Administration (Staff) Regulation 2005, against a decision of the State Transit Authority ("the STA") to terminate his contract of employment. 2The foregoing disciplinary penalty was imposed by the STA, on the basis of its investigation and finding, that the Appellant had failed to be honest in his dealings with the STA as to the whereabouts of a missing tool of trade and that he had removed the said tool of trade belonging to a contractor with the intention of permanently depriving the contractor of that tool of trade and without the contractor's consent. 3The tool of trade is an angle grinder. 4The Appellant was dismissed by letter dated 24 June 2011.