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HYPERLINK "https://www.qld.gov.au/gov/file/12016/download?token=BheO-Uh_" Disciplinary action and the Temporary Employment Directive
Overview
An employee, employed by the agency on a series of temporary contracts since 2001, lodged an appeal against the agencys decision not to convert his employment from temporary to permanent in accordance with Directive 20/10 Temporary employment. The agencys decision was based on the employee not meeting the agreed performance objectives of his role and pointed to recent disciplinary action as evidence of this.
The employee submitted the incident leading to the disciplinary action occurred 10 months prior to the agencys decision being appealed against, with no further issues and that he had demonstrated his capacity to fulfil the roles key duties and accountabilities over almost 10 years.
Decision
The Appeals Officer noted that the disciplinary action related to conduct almost 12 months prior to the decision under review. The discipline decision was made in November 2010; the decision about the employees employment status was made in December 2010. The Appeals Officer determined that the delay between the employees conduct in February and the agencys decision about his employment status in December 2010 did not amount to an unfair decision by the agency because of the nature of the conduct and its connection to agreed performance objectives.
The Appeals Officer accepted that the concept of performance objectives encompasses both functional elements of a role as well as an employees compliance with the agencys Code of Conduct. The Appeals Officer determined that because the employees disciplinary action related to his interpersonal communication skills, it was open to the agency to determine that he had not satisfactorily met the agreed performance objectives of the role.
The Appeals Officer determined that it was fair and reasonable for the agency to apply the requirements of Directive 20/10 by deciding not to convert the employees employment status from temporary to permanent, due to the employees recent disciplinary action relating to his performance. The appeal was dismissed and the agencys decision confirmed.
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