NSW: Centrelink ordered to reinstate sacked employee = 2

AAP General News (Australia)
08-16-2001
NSW: Centrelink ordered to reinstate sacked employee = 2

Centrelink manager Andrew Long sacked Mr Scott after finding he breached the Australian
Public Service Code of Conduct.

During the AIRC hearing, supervisor Leanne McKay said Mr Scott was moved to Centrelink's
retirements and disabilities section in March last year but continued to help other sections,
particularly Newstart.

He was told by Ms McKay to stop helping the other sections as he did not have the necessary
expertise.

Ms McKay agreed with Mr Scott's lawyer, Robert Reitano, that there were no complaints
about Mr Scott's work in the retirements and disabilities section.

But Centrelink process consultant Julie Hockey told the commission Mr Scott created
extra work for staff as customers had to be recontacted in some cases and return for an
interview because of his oversights.

In closing submissions to the AIRC last week, Mr Reitano said Centrelink could have
disciplined Mr Scott in other ways without sacking him.

Commissioner Duncan today ruled the directions to Mr Scott to confine himself to the
retirement section of the office and to concentrate on his own work were lawful and reasonable.

But he found Mr Scott had changed his ways after receiving warnings.

"On the evidence before the commission, Mr Scott had very substantially amended his
ways in light of the warnings he received," Commissioner Duncan said in his judgment.

"What was left of the alleged misconduct was trivial and was, as Mr Long conceded,
matters on which commonsense was to be applied and, as a result, were matters on which
opinions might differ."

He said Mr Scott's termination was "harsh and unreasonable" and agreed a personality
clash existed between Mr Scott and Ms McKay.

"While by no means suggesting that the clash was as `fanatical' as claimed by Mr Scott,
my observation is that there was an extreme difference of attitude and approach to work
between the two," he said.

In deciding compensation, Commissioner Duncan said Mr Scott was a contributor to his
own misfortune.

"Cognisant of the fact that Mr Scott was to a certain extent a contributor to his own
misfortune, it is not appropriate to order total lost remuneration be paid," he said.

"The order that will issue will provide for Mr Scott to be reimbursed for all salary
lost as a result of the termination less monies earned during the period prior to the
reinstatement...

"This reflects my view that while management was misguided and over-reacted, it nevertheless
was exercising authority which it was entitled to exercise."

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