NSW Caselaw
Transport Appeal Boards New South Wales Medium Neutral Citation: Tauia v RailCorp [2011] NSWTAB 27 Hearing dates: 5 December 2011 Decision date: 22 December 2011 Before: Bishop C Decision: Appeal allowed - orders made Catchwords: PUBLIC SERVICE - discipline -rail employee - breaches of Code and policies - positive random breath test result - first failed test in 17 years - Team Leader - dismissed by employer - appeal to Transport Appeal Board - penalty too harsh in circumstances - unblemished work record - dismissal set aside - regressed from Team Leader position -unpaid suspension imposed. Legislation Cited: Occupational Health and Safety Act 2000 Rail Safety Act 2008 Transport Administration Act 1988 Transport Appeals Board Act 1980 Transport Administration (Staff) Regulation 2005 Cases Cited: Burns v RailCorp TD09/237( 28 September 2009). Department of Health v Perihan Kaplan [2010] NSWIRComm 65 Director of Public Employment by his Agent The Director-General of The Department of Juvenile Justice v Public Service Association and Professional Officers' Association Amalgamated Union of NSW (On Behalf of Elvin Brown) [2008] NSWIRComm 221 Duhbihur v Transport Appeal Board and Anor [2005] NSWSC811 George Maitland v Royal Blind Society of New South Wales [2004] NSWIRComm 368 Shane Thompson v RailCorp [2011] NSWTAB 22 Category: Principal judgment Parties: Upokoina Tauia (Appellant)
Rail Corporation of NSW (Respondent) File Number(s): TAB 1133 of 2011
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