Selmes v RailCorp [2012] NSWTAB 20

Transport Appeal Boards New South Wales Medium Neutral Citation: Selmes v RailCorp [2012] NSWTAB 20 Hearing dates: 18/06/12 Decision date: 23 July 2012 Before: Ritchie C Decision: Decision Catchwords: Long term Manager suspended without pay then altered to with pay, then subsequently terminated -Filed two Notices of Appeal- (1) to seek payment for the 10 day period he was without pay and (2) for reinstatement. Appellant had received items from a supplier -4 of which he placed at the respondent's disposal -also received a case of wine from same supplier at home address-distributed wine to friends and family-ICAC contacted appellant-the appellant contacted the respondent and advised what had occurred- His actions breached the Code of Conduct- Board took into consideration his discipline record, his lack of action in seeking the items and his contrition with respect to the matter. Appeal re TAB 1108/11 is disallowed, Appeal re TAB 19/2012 is allowed, appellant reinstated with conditions. Cases Cited: Broome v RailCorp [2012]NSWTAB 5 Category: Principal judgment Parties: Mr Gordon Selmes(Appellant)

Rail Corporation of NSW (Respondent) File Number(s): TAB 19 of 2012 and TAB 1108 of 2011

DECISION

Introduction 1On 5 August 2011, Mr Gordon Selmes( the appellant) filed an appeal in the Transport Appeals Boards (TAB 1108 of 2011) against his suspension without pay pending disciplinary investigation. The appellant sought to claim wages which he lost between RailCorp's ( the respondent) decision to suspend him without pay between 2 August 2011 and the change to suspend with pay on 12 August 2011. At the conciliation of this matter it was determined by Bishop C., that this matter be stood over pending the outcome of an investigation involving the appellant. 2The appellant filed another Notice of Appeal-Transport Discipline on 23 January 2012. The appellant had been terminated by the respondent to take effect from 27 January 2012. On his Notice of Appeal he ticked the box Guilty. A conciliation of the matter was held on 22 February 2012 but was not successful and a timetable for the filing and serving of evidentiary material was provided to the parties. The hearing was held on 18 June 2012 with the Decision being reserved. 3In his letter of termination dated 23 January 2012 the following allegation was expressed: Between 1 January 2009 and 31 December 2010, in your capacity as Team Manager, Civil Maintenance Depot, Wyong, you accepted gifts and/or benefits from suppliers to RailCorp ( including , but not limited to, NCH Pty Ltd trading as 'Mantek) in circumstances where such acceptance might have comprised or influenced you in your RailCorp capacity. The appellant was paid four weeks salary in lieu of notice.