Stevens v RailCorp [2012] NSWTAB 24

Transport Appeal Boards New South Wales Medium Neutral Citation: Stevens v RailCorp [2012] NSWTAB 24 Hearing dates: 16/07/12, 17/07/12 Decision date: 20 August 2012 Before: Ritchie C (Board) Decision: Catchwords: Appeal lodged re suspension without pay for one week- Appellant supervisor in the Ticketing Support Control Centre (TSCC). Appellant accused of unacceptable behaviour towards a female operator. Pleaded not guilty- Female employee stated that she was shouted at and approached in an aggressive manner-attempted to end a phone call and grab the hand piece.- Female employee at the time making a phone call to her husband in a non English language- Appellant denied allegation and stated that he had spoken to the female employee in a calm manner-Board found in favour of the respondent and dismissed the appeal. Category: Principal judgment Parties: Mr Bruce Stevens(Appellant)

Rail Corporation of New South Wales (Respondent) File Number(s): TAB 184 of 2012

DECISION

Introduction 1Mr Bruce Stevens ( the appellant) filed a Notice of Appeal -Transport Discipline on 12 April 2012. The matter came on for conciliation on 11 May 2012 before Tabbaa C but did not settle and the parties were provided with a timetable for the filing and serving of evidentiary material. 2The Hearing took place on 16 and 17 July 2012 with the decision being reserved.

Issue(s) 3In correspondence dated 3 April 2012 the appellant received a letter from Mr Shaun Finegan stating that an allegation had been substantiated, the details of which were: Between September 2010 and June 2011, you engaged in unacceptable behaviour by subjecting TSCC Operator Ms Arvind Kaur, to bullying and harassment and/or inappropriate behaviour. The particulars of the allegation are: (c) On 7 June 2011, while acting in your capacity as the Shift Supervisor at the Ticketing System Control Centre, you confronted Ms Kaur while she was speaking on the telephone with her husband and shouted words to the effect of: "No Indian No Indian". You then pushed your shoulder against her shoulder and attempted to terminate the phone call by hitting the keypad with an open hand. You then attempted to grab the hand piece, which was being held by Ms Kaur against her chest. The final view of the appropriate disciplinary outcome for you is as follows: Suspension without pay for one week. Training: It has been recommended that you be required to undertake an anger management course. In addition to the disciplinary outcome referred to above , it is recommended that you be issued a Final Warning indicating that any further breaches of organisational policies will result in further disciplinary action which may include dismissal. In his Notice of Appeal the appellant ticked the Not Guilty box.