Roman Arnusch and Rail Corporation of NSW ("RailCorp") [2012] NSWTAB 36

Transport Appeal Boards New South Wales Medium Neutral Citation: Roman Arnusch and Rail Corporation of NSW ("RailCorp") [2012] NSWTAB 36 Hearing dates: 30 March 201221 June 2012 Decision date: 07 December 2012 Before: Tabbaa C (Board) Decision: Order made on 8 February 2012 clarified to include reinstatement to his former position at Central Railway Station Catchwords: Appellant reinstated as per Orders but to a different location; Appellant declined alternative location for health reasons; Respondent held Board functus officio because Board ordered what was sought by the Appellant; Appellant contended the Respondent made token effort to comply with the Orders; Slip Rule; Legislation Cited: Transport Administration (Staff) Regulation 2005 Civil Procedure Act 2005 Industrial Relations Act 1996 Cases Cited: Bailey v Marinoff 125 CLR 529; Graziers Association of New South Wales v Australian Legion of Ex-Servicemen and Women Vol 49 SR 301; Allchin v Commissioner of Police [2009] NSWIRComm 113; Newmont Yandal Operations Pty Ltd v The J Aron Corp & The Goldman Sachs Group, Inc (2007) 70 NSWLR 411; Re: Walsh (1983) 83 ATC 4147 Category: Principal judgment Parties: Mr S Sapuppo, Solicitor (for the Appellant)

Ms Melanie Robinson, General Counsel and Governance, Legal Services Division, RailCorp (Respondent) Representation: FORMTEXT Appellant's representative (Appellant)

FORMTEXT Respondent's representative (Respondent) File Number(s): TAB 1143 of 2011

DECISION

Introduction 1The Transport Appeals Board, on 8 February 2012, handed down a determination allowing the appeal by Mr Roman Arnusch against the disciplinary action of dismissal. 2The Board issued the following Orders: