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Unacceptable length of time for discipline decision resulted in reduction in disciplinary action
Overview
An employee working in a compliance role was performing higher duties when management received an anonymous complaint alleging the employee used physical contact against a member of the public in the performance of his duties. Management also received a complaint from a member of the employees team alleging that during a supervision meeting the employee pushed the team member and verbally abused him. The employee was suspended on full pay after the agency received the second complaint.
The agency determined that the employees actions were serious and could have constituted criminal charges of assault. The agency determined to discipline the employee for breaches of the Code of Conduct and determined to impose disciplinary action of a reduction in classification from AO5.3 to AO4.4 and a permanent transfer from the Gold Coast to Brisbane. The agencys rationale for the transfer was that the employee should not be in a location where he may be required to supervise other staff. The employee accepted the disciplinary findings but appealed the disciplinary action decision.
Decision
The Appeals Officer set aside the agencys disciplinary action decision and substituted it with: a reduction in classification level from AO5.3 to AO5.1; and a prohibition on the employee accessing higher duties opportunities for a period of six months. The Appeals Officer also directed that within six weeks of the employees return to work, a professional development and performance plan be designed with specific reference to the issues relevant to the conduct that led to the disciplinary action. The Appeals Officer allowed the agency to temporarily place the employee at an alternative location for a maximum period of six months if it was connected to the employees return to work and refresher training.
The Appeals Officer noted that from the date the last complaint was received to the date the disciplinary action was issued, 18 months had elapsed with the employee suspended on full pay for the entire period. The Appeals Officer stated that this was an unacceptable length of time without reasonable justification and the impact of the suspension on the employee should have been taken into account when determining the disciplinary action.
The Appeals Officer also noted the employees acknowledgement of his inappropriate conduct and that he had not been disciplined before, matters which influenced the decision to set aside the agencys disciplinary action. The Appeals Officer determined that it was appropriate to return the employee to the workplace with management strategies to assist the employees return to work.
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