Virendra Saxena and RailCorp [2012] NSWTAB 26

Virendra Saxena and RailCorp [2012] NSWTAB 26

The Board found that Mr Saxena deliberately placed his foot in the doorway to prevent the Guard from closing it, acted in a manner that lacked respect towards a colleague, and failed to acknowledge the seriousness of his actions. His conduct was deemed contrary to the obligations under the RailCorp Code of Conduct and sufficient to justify dismissal. The Board was not satisfied that dismissal was harsh or unjust.

Parties
Appellant: Virendra Saxena; Respondent: RailCorp
Jurisdiction
Australia
Judgment Date
28 August 2012
Procedural Posture
Appeal / Decision on Appeal
Outcome
Appeal disallowed
Legal Topics
Dismissal, Employee Conduct, Public Sector Employment, Unfair Dismissal
Employment Law Industrial Relations Dismissal Employee Conduct Public Sector Employment Unfair Dismissal

Case Brief

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Parties

Virendra Saxena

Appellant

RailCorp

Respondent

Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the allegation by RailCorp can be substantiated on the available evidence
  2. 2 If so, whether dismissal is harsh or unjust

Ratio Decidendi

The Board found that Mr Saxena deliberately placed his foot in the doorway to prevent the Guard from closing it, acted in a manner that lacked respect towards a colleague, and failed to acknowledge the seriousness of his actions. His conduct was deemed contrary to the obligations under the RailCorp Code of Conduct and sufficient to justify dismissal. The Board was not satisfied that dismissal was harsh or unjust.

Court Disposition

Appeal disallowed

Orders

  • The appeal of Mr Virendra Saxena against the disciplinary action of dismissal by RailCorp is disallowed.