Disciplinary/Witness/Complainant Statements
Members who have previously made statements would be aware that the RTBU have made representations regarding this issue and have been successful in having RailCorp allow members to view footage prior to making any statements.
Our representations were made on the basis that investigations are supposed to ascertain the facts of a matter, and not entrap people by making them rely on their memory only for them to be accused of providing misleading information to the investigator at a later date.
Our concerns in this regard are founded in that we are now aware of at least one instance where a member has made a witness statement without being afforded the opportunity to view CCTV, only to have allegations of misconduct made against the member. RailCorp are still refusing to allow our member to view the CCTV even prior to the member responding to the allegations.
The RTBU believe this breaches the principles of natural justice and is aimed at ensuring RailCorp can maximise their chance of entrapping members.
The RTBU have placed this matter in dispute and advise members that they should exercise extreme caution prior to making any statements without first viewing CCTV footage that may be in existence and having a union representative present.
Members should request, in writing, to view any available CCTV footage prior to providing any statement to RailCorp.
