Hammoud v RailCorp [2012] NSWTAB 17

Transport Appeal Boards New South Wales Medium Neutral Citation: Hammoud v RailCorp [2012] NSWTAB 17 Hearing dates: 23/04/12, 07/05/12, 09/05/12 Decision date: 20 June 2012 Before: Ritchie C (Board) Decision: Catchwords: Manager terminated-claimed unfit to attend work-surveillance footage showed appellant carrying out physical work doing home renovations- allegation proven-appellant claimed termination harsh -found termination not harsh-as a manager his responsibility to uphold standards. Category: Principal judgment Parties: Taleb (Tony ) Hammoud(Appellant)

Rail Corporation of NSW (Respondent) File Number(s): TAB 1of 2012

DECISION

Introduction 1Mr Taleb (Tony ) Hammoud (the appellant) filed a Notice of Appeal-Transport Discipline on 28 December 2011 against his dismissal by Rail Corporation New South Wales( the respondent). At the point of termination the appellant held the position of Shift Manager, Presentation Services Division. 2The appellant was notified by the respondent of his termination on 14 December 2011.

Issue(s) 3The allegation by the respondent was expressed in the following terms: On 29 March 2011, when Mr Hammoud submitted a WorkCover Medical Certificate which stated that he was unfit to perform any work from 28 March 2011 to 8 April 2011 due to " left knee soft tissue injury" he provided false and/or misleading information to RailCorp. The particulars of the alleged breach are: a) Mr Hammoud submitted a WorkCover Medical certificate for the period of 28 March 2011 to 8 April 2011. b) The WorkCover Medical certificate stated he was unfit fro any work during this period due to " left knee soft tissue injury." c) On the 2nd, 4th and 5th of April 2011, at his premises at 103 Wycombe Street Yagoona, which is currently undergoing renovations, Mr Hammoud was observed carrying out various physical activities and movements with no apparent sign of any discomfort, restriction of movement or injury to his left knee. d) Mr Hammoud was not unfit to perform work for all the dates covered in the Work Cover Medical Certificate.