Brar v RailCorp [2012] NSWTAB 7

Transport Appeal Boards New South Wales Medium Neutral Citation: Brar v RailCorp [2012] NSWTAB 7 Hearing dates: 31 January and 1 February 2012 Decision date: 22 March 2012 Before: Bishop C (Board) Decision: Appeal Disallowed Catchwords: PUBLIC SERVICE - discipline - rail employee - breaches of Code of Conduct - off duty employee - out of hours conduct -unacceptable behaviour - offensive language towards Police and Transit Officers on railway station - improper use of sick - dismissed by employer - appeal to Transport Appeal Board - breaches sustained - necessary link with employment established - penalty appropriate in the seriousness of the circumstances - appeal disallowed. Legislation Cited: Crimes Sentencing Procedure Act 1999 Summary Offences Act 1988 Transport Appeals Board Act 1980 Transport Administration (Staff) Regulation 2005 Cases Cited: Borg v RailCorp [2011] NSWTAB 24 Briginshaw v Briginshaw & Anor (1938) 60 CLR 336. Brown v Dunn (1983) 6 R 67 Duhbihur v Transport Appeal Board and Anor [2005] NSWSC 811 Gossner v RailCorp [2011] NSWTAB 11 Nicolaides v Director General, NSW Department of Health [2011] NSWIRComm 1002 Rose v Telstra Corporation Limited Q9292 [1998] AIRC 1592 (4 December 1998) Silling v Corrective Services NSW [2011] NSWIRComm 1065 Streeter v Telstra Corporation Limited [2007] AIRC 679 Walters v RailCorp [2012] NSWTAB 3 Category: Principal judgment Parties: Jasdeep Brar (Appellant) Rail Corporation of NSW (Respondent) File Number(s): TAB 1260 of 2011