Allan Makin and RailCorp [2012] NSWTAB 2

Allan Makin and RailCorp [2012] NSWTAB 2

The appeal was dismissed because the Appellant's drink driving convictions were serious criminal offences, the Code of Conduct required notification of the relevant charges, convictions and licence disqualification, the Appellant knew or had access to those obligations, and the matters were connected with his employment because his substantive duties and Suitable Duties Plans involved driving RailCorp vehicles or driving to collect parts. The Board rejected the characterisation of the matters as purely private and found the two-week suspension without pay to be appropriate and manifestly just.

Jurisdiction
Australia
Judgment Date
08 February 2012
Procedural Posture
Appeal Against Disciplinary Suspension Without Pay / Decision After Hearing Before Transport Appeal Board
Outcome
Appeal dismissed
Legal Topics
['code of Conduct' 'disciplinary Proceedings' 'failure to Notify Criminal Charges and Convictions' 'drink Driving Offences' 'driver Licence Disqualification' 'out of Hours Conduct' 'lawful and Reasonable Directions']
['employment Law' 'industrial Law' 'transport Administration'] ['code of Conduct' 'disciplinary Proceedings' 'failure to Notify Criminal Charges and Convictions' 'drink Driving Offences' 'driver Licence Disqualification' 'out of Hours Conduct' 'lawful and Reasonable Directions']

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Procedural Posture

Appeal Against Disciplinary Suspension Without Pay / Decision After Hearing Before Transport Appeal Board

Legal Issues

  1. 1 ['Whether RailCorp could require the Appellant to notify it of drink driving charges, convictions and licence disqualification where the incidents occurred outside working hours.' "Whether the Appellant breached RailCorp's Code of Conduct by failing to notify RailCorp of the charges and convictions." 'Whether suspension without pay for two weeks was an appropriate disciplinary penalty.']

Ratio Decidendi

The appeal was dismissed because the Appellant's drink driving convictions were serious criminal offences, the Code of Conduct required notification of the relevant charges, convictions and licence disqualification, the Appellant knew or had access to those obligations, and the matters were connected with his employment because his substantive duties and Suitable Duties Plans involved driving RailCorp vehicles or driving to collect parts. The Board rejected the characterisation of the matters as purely private and found the two-week suspension without pay to be appropriate and manifestly just.

Court Disposition

Appeal dismissed

Orders

  • ['The Appeal by Mr Makin against the decision by RailCorp to suspend him without pay for a period of two weeks is dismissed.']