Broome v Railcorp [2012] NSWTAB 5

Transport Appeal Boards New South Wales Medium Neutral Citation: Broome v Railcorp [2012] NSWTAB 5 Hearing dates: 07/02/12, 08/02/12,09/02/12. Decision date: 09 March 2012 Before: Ritchie C (Board) Decision: Catchwords: Long term managerial employee terminated. The appellant had not completed Secondary Employment Forms accurately -not recognising actual or potential conflict of interest with companies he dealt with at work and who he organised to sponsor a football team that he coached. Found that appellant had the opportunity to register through Secondary Employment Declaration Forms his interest but did not. Found on balance of probability that appellant had sought to mislead respondent in the investigations. Appeal dismissed. Category: Principal judgment Parties: Mr Barry Broome (Appellant)

Rail Corporation of NSW(Respondent) File Number(s): TAB 1236 of 2011

DECISION

Introduction 1Mr Barry Broome ( the appellant) filed a Notice of Appeal-Transport Discipline on 5 September 2011. Mr Broome had been terminated by his employer Rail Corporation of NSW (the respondent) on 31 August 2011.

Issue(s) 2The appellant stated that he was not guilty of the following charges: Allegation 4 (from the first allegation letter dated 16 December 2010). That Mr Broome commenced secondary employment as coach of the Wollongong University Rugby League Football Club (the Titans) prior to seeking or obtaining approval to engage in this secondary employment: Particulars of the allegation are: a) He submitted a signed Secondary Employment and Voluntary Work Application Form dated the 22 June 2009 to his Manager Mr Rob O'Hanlon for his consideration and his approval for Mr Broome to perform secondary employment as Coach of the Titans. b) On 1 October 2009 he was granted approval to perform secondary employment with the Titans. c) He commenced secondary employment as coach of the Titans prior to 22 June 2009. d) In his Secondary Employment and Voluntary Work Application Form he did not disclose that he had already commenced secondary employment as coach of the Titans.