Boff v RailCorp [2013] NSWTAB 1

Transport Appeal Boards New South Wales Medium Neutral Citation: Boff v RailCorp [2013] NSWTAB 1 Hearing dates: 24 and 25 October 2012 Decision date: 10 January 2013 Before: Bishop C (Board) Decision: Appeal disallowed Catchwords: PUBLIC SERVICE - discipline - rail employee - allegations of breaches of Code of Conduct and Dignity & Respect in the Workplace Procedure - two altercations with supervisor - allegations of yelling - inappropriate language - bullying and harassment - reinstatement with back pay sought. HELD - conduct of employee entirely inappropriate and uncalled for - disrespectful - undermined authority of supervisor - contrary to Code and Procedure - dismissal appropriate penalty in all circumstances - appeal disallowed. Legislation Cited: Transport Appeals Board Act 1980 Transport Administration (Staff) Regulation 2005 Cases Cited: Boff v Chief Executive of RailCorp TD 109/09 Briginshaw v Briginshaw (1938) 60 CLR 336 Duhbihur v Transport Appeal Board and Anor [2005] NSWSC 811 Category: Principal judgment Parties: Jean-Luc Boff (Appellant) Rail Corporation of New South Wales (Respondent) Representation: Ms J Nand Sparke Helmore Lawyers (Respondent) File Number(s):

DECISION

Introduction 1Mr Boff commenced employment with RailCorp (and/or its predecessors) in November 1999 as a Customer Service Attendant and was employed in this position at Strathfield Station at the time of his dismissal. 2On 30 April 2012, Mr Boff was notified by RailCorp that he was dismissed for breaches of the RailCorp Code of Conduct (the "Code"). 3On 9 May 2012, Mr Boff lodged an appeal in respect of his dismissal. On the Notice of Appeal he indicated a plea of "Not Guilty". 4The matter was listed for disciplinary conciliation before Commissioner Ritchie on 12 June 2012 at which time conciliation took place. As no settlement could be reached between the parties, directions were issued as to the filing and exchange of written cases and statements pursuant to Practice Note 22 and the appeal was re-allocated to the Board as currently constituted and originally set down for hearing on the 16 and 17 August 2012. These dates were vacated at the request of the Rail, Bus and Tram Union, NSW (RTBU) on behalf of Mr Boff due to his illness (medical certificate supplied). The matter was then listed for hearing on the 24 and 25 October 2012 before the Board as currently constituted. 5RailCorp presented its case first in accordance with s.16(1) of the Transport Appeal Boards Act 1980.