Case summaries

Disclaimer: Many of the following summaries have been extracted from previous Annual Reports of the Merit Protection Commissioner. They illustrate how the Merit Protection Commissioner has previously reviewed cases and should not be relied on as legal advice.

Useful information applying to all case summaries - please read before proceeding further

2010 summaries

• Code of Conduct —emailing unsolicited material
  Key words: EL1 employee—inappropriate email—procedural fairness—decision revoked.
• Code of Conduct—failure to comply with direction to attend medical examination
  Key words: EL2 employee—failure to attend medical examination—reduction in classification—mitigating circumstances—upheld.
• Review of actions—Refusal of agency to grant compassionate leave
  Key words: APS employee—compassionate leave—agency provisions—leave should be granted
• Review of actions—Refusal to grant carer's leave
  Key words: APS employee—carer’s leave—application of agency policy—upheld
• Code of Conduct—Creation of potential conflict of interest
  Key words: APS 5 employee—potential conflict of interest—acceptance of gift—failure to follow direction—upheld

2009 summaries

• Review of Action—an application for study
  Key words: EL1 employee—non-support for an application for study—confirmed.
• Review of Actions—non-reimbursement of relocation costs, transfer in the interests of the APS
  Key words: APS 6 employee—non-reimbursement of relocation costs—transfer in the interest of the APS—confirmed.
• Code of Conduct—email sent to home address
  Key words: EL1 employee—emails—sanction of fine and reprimand—confirmed.
• Code of conduct—financial record keeping for a social club
  Key words: employment relationship-procedural fairness-upheld

2008 summaries

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Topics

• Late lodgement of application — Legal representation — Severity of sanction
• Complaint about denial of procedural fairness — Use of frivolous and vexatious application exemption — Adverse findings in departmental report
• Unauthorised release of information and Severity of sanctions — Deficiencies in departmental process
• Alleged bullying and harassment by management and Lack of career advancement — Responsibility of employee in performance management

2007 summaries

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Topics

• Staff selection — Conflict of interest and reasonable apprehension of bias — Failure to comply with agency procedures
• Breach of the APS Code of Conduct — Failure to comply with procedural fairness and agency procedures
• Complaint about alleged breach of the APS Code of Conduct by another person — Power to determine breach and Failure to comply with agency procedures
• Breach of the APS Code of Conduct — Gathering evidence and Recording meetings

2006 summaries

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Topics

• Breach of the APS Code of Conduct — Failure to report suspected misconduct by another employee
• Breach of the APS Code of Conduct — Reduction in classification for six months not valid as sanction
• Breach of the APS Code of Conduct — Inappropriate behaviour influenced by medical condition
• Breach of the APS Code of Conduct — Bullying and harassment by an office manager
• Complaint by former employee — section 72 of the Public Service Act 1999 and payment in special circumstances
• After injury applicant not fit to perform normal duties — whether entitled to payment of salary
• Site allowance payable to part-time employees — whether HR policy may be legally binding
• Re-assignment of duties under section 25 (for reasons other than misconduct)

2005 summaries

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Topics

• Review of actions under the Public Service Regulations — Credibility of primary or internal review process
• Breach of the APS Code of Conduct — Issues relating to retention of records and disclosure
• Breach of the APS Code of Conduct — Sending an offensive email
• Breach of the APS Code of Conduct — Multiple breaches and several sanctions
• Travelling allowance — What is a ‘dependant’?
• Break in employment — Salary on re-engagement after three months
• Excess employee and Reduction in classification — decision of no effect because mandatory procedures not followed

2004 summaries

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Topics

• Withdrawal of application for review
• Facilitated agreement
• Breach of APS Code of Conduct — "Altercation", self-defence and reasonable force
• Agency-based term transfer or career movement policy
• Breach of APS Code of Conduct — Procedural fairness and evidentiary issues
• Further review by Merit Protection Commissioner not always justified
• Payment of allowance where incorrect advice about entitlement provided
• Recommended change to sanction

2003 summaries

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Topics

• Implementation of negotiated Australian Industrial Relations Commission Settlement
• Use of circumstantial evidence
• Not all after work hours conduct constitutes a breach
• Review of action concerning job classification and need to abide by the terms of a certified agreement
• Managing the process
• Assignment of duties - relocation to another place

2002 summaries

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Topics

• Record keeping and jurisdiction
• Managing the process
• Considering the sanction
• One breach or many?
• Assignment of duties
• Informal resolution
• Talking the issues through
• Independent Selection Advisory Committees for AQIS
• Joint Selection Committees for the Australian Federal Police