Bhattacharya v RailCorp [2012] NSWTAB 23

Transport Appeal Boards New South Wales Medium Neutral Citation: Bhattacharya v RailCorp [2012] NSWTAB 23 Hearing dates: 02/07/12, 03/07/12 Decision date: 10 August 2012 Before: Ritchie C (Board) Decision: Catchwords: Appellant terminated-Notice of Appeal lodged-Appellant alleged to have engaged in unacceptable behaviour-appellant alleged to have sworn and exhibited aggressive manner at a female employee at entrance to a car park, in a car park, in a lift and in the building. Appellant said female employee had made a racist remark which he responded to. Board found that appellant had used inappropriate language towards female employee at various locations. Found that female employee had not made racist remark towards appellant. Female employee had been scared as a consequence. Board did not intervene in the termination-Appeal denied. Category: Principal judgment Parties: Sourideb Bhattacharyya (Appellant)

Rail Corporation of NSW(Respondent) File Number(s): TAB 22 of 2012

DECISION

Introduction 1Mr Sourideb Bhattacharyya (the appellant) filed a Notice of Appeal -Transport Discipline on 25 January 2012. 2 The appellant received written communication from RailCorp (the respondent) that he was dismissed from his position as Project Manager-Projects Division, Burwood effective from 24 January 2012.

Issue(s) 3 The letter of termination alleged that: On 29 September 2011, you engaged in unacceptable behaviour by subjecting another employee, Ms Soula Vlahos, to bulling and harassment and/ or inappropriate behaviour. Particulars of the incident were then detailed including the locations of the alleged bullying, the actions of the appellant and the language that was alleged to have been said by the appellant.