Walters v RailCorp [2012] NSWTAB 3

Transport Appeal Boards New South Wales Medium Neutral Citation: Walters v RailCorp [2012] NSWTAB 3 Hearing dates: 15 December 2011 Decision date: 23 February 2012 Before: Bishop C (Board) Decision: Appeal allowed - orders issued. Catchwords: PUBLIC SERVICE - discipline -rail employee - breaches of Code and policies - positive random breath test result - first failed test in 10 years - rail infrastructure worker- dismissed by employer - appeal to Transport Appeal Board - dismissal too harsh in all relevant circumstances taken into account - dismissal set aside - reinstated - regressed a grade -unpaid suspension of 16 weeks imposed. Legislation Cited: Occupational Health and Safety Act 2000 Rail Safety Act 2008 Rail Safety (Drug & Alcohol Testing) Regulation 2008. Transport Administration Act 1988 Transport Appeals Board Act 1980 Transport Administration (Staff) Regulation 2005 Cases Cited: Arnusch v RailCorp [2012] NSWTAB 1 Bates v Commonwealth of Australia (Department of Defence) [2009] AIRC 899 Burns v RailCorp TD09/237( 28 September 2009). Crutcher v RailCorp [2011] NSWTAB 15 Daley v GWA Group Ltd T/A Dux Hot Water [2011] FWA 6993 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 Gane v Rail Corporation New South Wales [2010] FWAFB 3788 Raeburne v Department of Justice and Attorney General [2011] NSWIRComm 48 Thompson v RailCorp [2011] NSWTAB 22 Tauia v RailCorp [2011] NSWTAB 27 Category: Principal judgment Parties: Russell Walters (Appellant)