Leslie Desira v State Transit Authority [2011] NSWTAB 26

Leslie Desira v State Transit Authority [2011] NSWTAB 26

The Board found that the evidence supported the STA's decision that the Appellant took the angle grinder for his own benefit and without the owner's consent. The Appellant admitted picking up the grinder, and his explanation that he placed it in a cardboard box to avoid cement dust contamination was found implausible and a fabrication after the event when assessed against the CCTV footage and his conduct. His failure on 7 and 8 June to contact the owner or alert staff, and his failure to come clean after his supervisor's enquiry on 9 June, further undermined his defence. The appeal against dismissal was therefore disallowed.

Jurisdiction
Australia
Judgment Date
20 December 2011
Procedural Posture
Appeal Under Clause 32 of the Transport Administration (staff) Regulation 2005 Against Termination of Employment / Transport Appeal Board Hearing and Decision
Outcome
Appeal dismissed
Legal Topics
['dismissal' 'misconduct' 'dishonesty' 'larceny' 'briginshaw Standard of Proof']
['public Service' 'employment' 'transport Discipline'] ['dismissal' 'misconduct' 'dishonesty' 'larceny' 'briginshaw Standard of Proof']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Under Clause 32 of the Transport Administration (staff) Regulation 2005 Against Termination of Employment / Transport Appeal Board Hearing and Decision

Legal Issues

  1. 1 ["Whether the Appellant was dishonest when questioned by his supervisor about the whereabouts of a contractor's angle grinder." "Whether the Appellant took the contractor's angle grinder for his own benefit and without the owner's consent." 'Whether dismissal was an appropriate disciplinary outcome.']

Ratio Decidendi

The Board found that the evidence supported the STA's decision that the Appellant took the angle grinder for his own benefit and without the owner's consent. The Appellant admitted picking up the grinder, and his explanation that he placed it in a cardboard box to avoid cement dust contamination was found implausible and a fabrication after the event when assessed against the CCTV footage and his conduct. His failure on 7 and 8 June to contact the owner or alert staff, and his failure to come clean after his supervisor's enquiry on 9 June, further undermined his defence. The appeal against dismissal was therefore disallowed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed']