Shane Thompson and RailCorp (No 2) [2012] NSWTAB 8

Transport Appeal Boards New South Wales Medium Neutral Citation: Shane Thompson and RailCorp (No 2) [2012] NSWTAB 8 Decision date: 23 March 2012 Before: Macdonald C (Board) Decision: Catchwords: PUBLIC SERVICE - RailCorp The Transport Appeal Board handed down a Decision on 25 November 2011 concerning appeal by Shayne Thompson against his dismissal by RailCorp - The Board declined his reinstatement application -Thr Board issued an Order that RailCorp issue Thompson with his work certificates - subsequently, RailCorp issued these certificates but added its own notation to those work certificates - the notation had the effect of preventing Thompson from working on RailCorp property - Inion relisted the file before the Board - RailCorp submitted the was functus officio - Board considered views of the union and RailCorp - Board issued Statement Legislation Cited: Transport Appeal Boards Act 1980 Cases Cited: Allchin v Commissioner of Police (2009)NSWIRComm 113 Bailey v Marinoff (1971) 125 CLR 529 Ex parte Hassell And Others; Re Quirk And Anor (1937) SR 192 Graziers Association of New South Wales v Australian Legion of Ex - Servicement and Women (1949) 49 SR 3 Hollingingsworth v Industrial Court of NSW & Anor (2007) NSWCA 209 Surfing Hardware International Holdings Pty Limited and Ors v William McCausland and Anor (no 6) (2007) NSWIRC Comm 285 Category: Procedural and other rulings Parties: Shayne Thompson (Appellant)

RailCorp Corporation of NSW (Respondent) Representation: Mr B Edghill, union official Rail, Tram and Bus Union (Appellant)