Alameddine v RailCorp [2012] NSWTAB 4

Transport Appeal Boards New South Wales Medium Neutral Citation: Alameddine v RailCorp [2012] NSWTAB 4 Hearing dates: 23 January 2012 Decision date: 01 March 2012 Before: Bishop C (Board) Decision: Appeal allowed - orders issued Catchwords: PUBLIC SERVICE - discipline -rail employee - breaches of Code - dismissed by employer - appeal to Transport Appeal Board - breaches sustained - dismissal disproportionate to nature of breaches - dismissal set aside - reinstated with back pay - transferred to another Station. Legislation Cited: Transport Administration Act 1988 Transport Appeals Board Act 1980 Transport Administration (Staff) Regulation 2005 Cases Cited: Duhbihur v Transport Appeal Board and Anor [2005] NSWSC811 Category: Principal judgment Parties: Abdul Alameddine (Appellant) Rail Corporation of NSW (Respondent) File Number(s): TAB 1278 of 2011

DECISION

Introduction 1Mr Alameddine commenced employment with RailCorp on 17 March 2003 as a Customer Service Attendant at Central Station. On 5 August 2007 he was transferred to Bankstown, and remained in the position of CSA at Bankstown until his dismissal on 29 September 2011. 2On 28 September 2011, Mr Alameddine was notified by RailCorp that he was to be dismissed for the following breaches of the RailCorp Code of Conduct : Allegation One: Not substantiated Allegation Two: It is alleged that Mr Alameddine engaged in unacceptable behaviour, which resulted in a breach of the RailCorp Code of Conduct. The particulars of the allegation are: (a) On Saturday 20 November 2010, Mr Alameddine left his point of duty without authorisation from his supervisor and without seeking staff relief from any other RailCorp employee to cover his area of responsibility. (b) At about 1749hrs that day, Mr Alameddine left his position at the barriers and followed a RailCorp customer down the adjacent stairs onto Platform 1 with two other unknown males including another RailCorp employee and did not return to his designated place of duty until 1753hrs that day. Allegation Three: It is alleged that Mr Alameddine engaged in unacceptable behaviour, which resulted in a breach of the RailCorp Code of Conduct. The particulars of the allegation are: (a) On Saturday 20 November 2010, Mr Alameddine left the Bankstown Station Control Room, located at the main barriers insecure. At about 1749hrs that day, he left his position at the barriers and followed a RailCorp customer down the adjacent stairs onto Platform 1 with two other unknown males including another RailCorp employee. (b) Mr Alameddine left the entrance door to the Control Room open, unmanned and unsecured where it remained open and insecure until he returned at about 1753hrs. Allegation Four: It is alleged that Mr Alameddine breached the RailCorp Code of Conduct by engaging in unacceptable behaviour. The particulars of the allegation are: (a) On Saturday 20 November 2010, Mr Alameddine allowed an unauthorised RailCorp employee access to the Bankstown Station Control Room without approval Allegation Five: It is alleged that Mr Alameddine breached the RailCorp Code of Conduct by engaging in unacceptable behaviour. The particulars of the allegation are: (a) On Saturday 20 November 2010, Mr Alameddine allowed numerous RailCorp customers to enter and leave Bankstown Station without a valid RailCorp Train Ticket or payment. At about 1749hrs that day, Mr Alameddine left his position at the barriers and followed a RailCorp customer down the adjacent stairs onto Platform 1 with two other unknown males and another RailCorp employee. (b) There were no other RailCorp employees supervising the barriers during Mr Alameddine's absence, resulting in numerous RailCorp customers passing through the barriers. (c) Upon Mr Alameddine's return to the barriers at about 1753hrs that day, he continued to allow RailCorp customers to enter and leave the station without checking for valid tickets. 3On 7 October 2011, Mr Alameddine lodged an appeal in respect of his dismissal but did not indicate a plea on the Notice of Appeal to the allegations made against him by RailCorp. 4The matter was listed for disciplinary conciliation before Commissioner Ritchie on 1 November 2011 at which time conciliation took place. As no settlement could be reached, directions were issued as to the filing and exchange of written cases and statements pursuant to Practice Note 22 and the appeal was re-allocated to the Board as currently constituted and set down for hearing on 23 January 2012.