Elafchal v RailCorp [2012] NSWTAB 13

Transport Appeal Boards New South Wales Medium Neutral Citation: Elafchal v RailCorp [2012] NSWTAB 13 Hearing dates: 04/04/12 Decision date: 27 April 2012 Before: Ritchie C (Board) Decision: Catchwords: Customer Service Team Leader suspended from work, first on pay then without pay due to being charged with a serious criminal offence. Employee pleads guilty- recklessly dealing with proceeds of crime -placed on a 18 months good behaviour bond-employee terminated. Employee filed Notice of Appeal-Transport Discipline..-Respondent submitted that appellant pleaded guilty to a serious charge, rendered him incompetent to fulfil the duties and community expectations of his position-appellant submitted that whilst his position required to safeguard customers lost property etc not major part of his role and his actions did not repudiate his contract of employment. Board found that degree of trust required no longer existed, actions of appellant incompatible with his job, serious damage to relationship between appellant and respondent. Appeal dismissed. Legislation Cited: Crimes Act, 1900 : Transport Administration (Staff) Regulation 2005: Rail Safety Act, 2008: Rail Safety (Offences) Regulations 2008. Cases Cited: Rose v Telstra Corporation Limited (AIRC 1444/98 N Print Q 9292): HEF of Australia v Western Hospital (1991) 4 VIR 310 at 324:Hussen v Westpac Banking Corporation (1995) 59 IR 103 : Blythe Chemicals v Bushnells (1933)49 CLR 66: McManus v Scott- Charlton (1996) 140 ALR 625. Category: Principal judgment Parties: Mr Belal Elafchal (Appellant)

Rail Corporation of New South Wales(Respondent) File Number(s): TAB 1508 of 2011

DECISION

Introduction 1Mr Belal Elafchal (the appellant) filed a Notice of Appeal-Transport Discipline on 15 December 2011. In the Notice of Appeal the appellant noted his plea as guilty. The appellant had two periods of employment with Rail Corporation of NSW (the respondent). The first from 1999 to 2000 and the second from 17 February 2003 to his date of termination from the respondent on 14 December 2011. He was originally employed as a Customer Service Attendant and was promoted as a Customer Service Team Leader on 31 October 2004. 2The appellant was stood down from the respondent with pay in July 2007. This was varied in October 2009 when he continued to be stood down but this time without pay.