NSW Caselaw
Transport Appeal Boards New South Wales Medium Neutral Citation: James v RailCorp [2012] NSWTAB 27 Hearing dates: 6 July 2012 Decision date: 30 August 2012 Before: Bishop C (Board) Decision: Appeal disallowed Catchwords: PUBLIC SERVICE - discipline - rail employee - breaches of Code of Conduct - failed drug test - some admissions made long term user - stopped drug use to gain employment - ongoing drug use - reliance on personal stressors - employer's rehabilitation program successfully completed - misconduct found - dismissed - reinstatement and back pay sought HELD - rehabilitation acknowledged - misconduct extremely serious - aware of policy on engagement - knowingly breached drug and alcohol policy repeatedly - rehabilitation only due to failed drug test - not previously sought - mitigation not sufficient to overcome seriousness of misconduct - dismissal warranted - appeal disallowed. Legislation Cited: Occupational Health and Safety Act 2000 Transport Administration Act 1988 Transport Appeals Board Act 1980 Transport Administration (Staff) Regulation 2005 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Duhbihur v Transport Appeal Board and Anor [2005] NSWSC 811 Tauia v RailCorp [2011] NSWTAB 27 Walters v RailCorp [2012] NSWTAB 3 Category: Principal judgment Parties: Peter James (Appellant) Rail Corporation of NSW (Respondent) Representation: Mr B Edghill Rail, Tarm and Bus Union NSW (Appellant)
Ms A Baxter Rail Corporation of NSW (Respondent) File Number(s): TAB 180 of 2012
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