David Ryan v RailCorp [2012] NSWTAB 21

Transport Appeal Boards New South Wales Medium Neutral Citation: David Ryan v RailCorp [2012] NSWTAB 21 Hearing dates: 16, 17, 18 April, 10 May 2012 Decision date: 31 July 2012 Before: Bishop C (Board) Decision: Appeal disallowed Catchwords: PUBLIC SERVICE - discipline - rail employee - breaches of Code of Conduct - accessing, printing and distributing inappropriate material using RailCorp resources to other staff members - allegations denied - plea of not guilty - procedural fairness issues raised - issues as to evidence raised - material not inappropriate to warrant dismissal - reinstatement sought HELD - no procedural unfairness - material manifestly inappropriate - only evidence before Board sufficient to find allegations sustained on balance of probabilities - dismissal appropriate penalty for distribution of material - appeal disallowed. Legislation Cited: Industrial Relations Act 1996 Public Sector Employment and Management Act 2002 Transport Appeals Board Act 1980 Transport Administration (Staff) Regulation 2005 Workplace Surveillance Act 2005. Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Commissioner of the ACT Revenue v Alphaone Pty Ltd [1994] FCA 1074 Cockayne v Hurstville City Council [2009] NSWIRComm 1013 D & R Flood Commercial Pty Ltd v Flood [2002] NSWIRComm 88 Deuter v Railcorp [2012] NSWTAB11 Dixon v Commonwealth (1981) 61 ALRR 173 Duhbihur v Transport Appeal Board and Anor [2005] NSWSC 811 Jarman v RailCorp [2011] NSWTAB 18 Jarratt v Commissioner of Police for New South Wales and Anor [2005] HCA 50 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 110 ALR New South Wales Nurses' Association (on behalf of Colin Prior) v South Eastern Sydney & Illawarra Area Health Service [2007] NSWIRComm 164 Ryan and RailCorp (2010) TD 443/09 Ryan v RailCorp [2011] NSWTAB18 Category: Principal judgment Parties: David Ryan (Appellant)