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An employee who relied on legal advice and delayed informing his workplace of pending criminal charges has been denied permission to appeal his failed unfair dismissal claim, with a full bench affirming his workplace reporting obligations outweighed his lawyer's advice.

The Sydney Trains employee, who had worked for the employer for 37 years, was dismissed in October last year for failing to "immediately" report 12 "serious" criminal charges, as required under its code of conduct.

In unfair dismissal proceedings, Commissioner Donna McKenna heard the employee had acted on advice from his lawyer to "hold off" on reporting the charges until they had settled on the agreed facts with the prosecutor, and that the employer had only become aware of the drug and weapon charges 11 months later, through an anonymous tip-off...