The timing of his rights complaint helped sink his push to be reinstated
A dismissed Sydney Trains apprentice cannot force his way back into the job while a disability discrimination complaint runs, the Federal Court has ruled.
The court knocked back the worker's bid for an urgent injunction - a fast-track court order that would have put him back on the job while his complaint runs its course - on August 27, 2026. For HR teams, the decision is a clean read on how far a live discrimination complaint can, and can't, reach back into a completed dismissal.
The build-up will look familiar to anyone who runs disciplinary matters. Sydney Trains hired the worker as an electrical apprentice in January 2024 on a fixed four-year term. In November 2024, five apprentices reported a series of incidents involving him. The employer suspended him on pay from December 2024, referred the matter to its Workplace Conduct Investigations Unit, and ran a formal investigation.
By April 2025, the investigation report found all eight allegations of inappropriate conduct substantiated and concluded he had breached the Transport Code of Conduct along with the employer's dignity and respect and anti-discrimination procedures. He was given a chance to respond and met with the employer's head of people and culture. He then asked a Transport for NSW disciplinary panel to review the outcome. The panel found the dismissal was not “harsh, unfair or unreasonable.” His employment ended in November 2025.
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