Schrader v State Transit Authority [2012] NSWTAB 34

Transport Appeal Boards New South Wales Medium Neutral Citation: Schrader v State Transit Authority [2012] NSWTAB 34 Hearing dates: 3 September 2012 Decision date: 31 October 2012 Before: Bishop C (Board) Decision: Appeals disallowed Catchwords: PUBLIC SERVICE - discipline - Bus Operator Trainer - lengthy unblemished service - allegations of bullying and harassment of Trainee during retraining - allegation of hitting windscreen causing a crack - suspended with pay pending outcome of disciplinary investigation - allegations sustained - punishment of regression to Bus Operator for 10 weeks - appeals against both suspension and regression - bullying and harassment denied - unprofessional conduct acknowledged -HELD - actions unacceptable in professional Trainer & particularly against lengthy record - actions distracting, intimidating and harassing - no acknowledgment of unacceptable behaviour - blamed on frustration with Trainee - in all circumstances punishment entirely appropriate - appeals disallowed. Legislation Cited: Anti Discrimination Act 1977 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 Category: Principal judgment Parties: Paul Schrader (Appellant) State Transit Authority Division of the New South Wales Government Service (Respondent) Representation: Paul Schrader (Appellant) Mr S McLean State Transit Authority (Respondent) File Number(s): TAB 188 & 227 of 2012