Former employee takes WorkSafe ACT to court alleging he was sacked after complaining about regulator's own workplace culture
Former WorkSafe ACT employee Leith Dawes has taken the office of the ACT's Work Health and Safety Commissioner to the Federal Circuit Court. (ABC News: Mark Moore)
In short:
Former WorkSafe ACT employee John has alleged he was sacked after complaining about the regulator's own workplace culture.
John has taken the office of the ACT's Work Health and Safety Commissioner to the Federal Circuit Court, alleging a breach of general workplace protections.
What next:
John is seeking more than $400,000 in compensation. The case is set to go to mediation in mid-July.
A former employee of the ACT's workplace regulator has alleged he was sacked from the organisation after complaining about its own workplace culture.
John* has taken the office of the ACT's Work Health and Safety Commissioner to the Federal Circuit Court, alleging a breach of general workplace protections.
In documents lodged with the court, John claimed he was "subjected to direct and intentional workplace bullying and harassment by several employees" at WorkSafe ACT from the time he commenced employment as a regulatory inspector in late March 2023.
He argued he was sacked "as a consequence of and directly after" complaining about the alleged instances of bullying and harassment, including in an email directly to Commissioner Jacqueline Agius.
After a probationary report recommended the termination of his employment, the documents revealed John experienced a "major psychological breakdown" for which he was hospitalised.
John returned to work several weeks later in a revised role, but was formally terminated in August 2023 on the grounds of "serious misconduct".
This was after a second probationary report concluded he had an "satisfactory" relationship with colleagues, among other claims, which John has rejected.
The Commissioner's office has filed a defence, in which it said the finding of serious misconduct was based on John's "cumulative behaviour" which it deemed "inconsistent with the ACT public service".
If a mediation fails later this month, the case may go to the Federal Circuit Court. (ABC News: Mark Moore)
Allegations of bullying
The examples of bullying John alleged included being referred to as "newbie", despite requests to use his legal name, and being physically blocked in the workplace kitchen.
He also alleged that during an inspection of a construction site, a colleague "intentionally drove away" from him as he attempted to enter the vehicle, before the driver laughed at him.
Mr Dawes sent an email to three senior WorkSafe ACT staff including Commissioner Jacqueline Agius. (ABC News: Matt Roberts)
On May 28, 2023, about two months after he started at WorkSafe ACT, John sent an email to three senior WorkSafe personnel, including the Work Health and Safety Commissioner Jacqueline Agius.
In court documents, John described the email as a "circumspect complaint" about his experience at the organisation.
Upon his return, John was asked to attend a probation review meeting, in which he received the report recommending the termination of his employment.
The reasons given included poor communication with some colleagues, and attending the workplace outside the regular hours.
John argued he "had not previously been made aware of any of the areas of his employment that required development or were unsatisfactory".
The following day, he was hospitalised for mental health reasons, a stay which lasted for three weeks.
WorkSafe ACT says incidents don't amount to bullying
In response, the Commissioner's office has argued the incidents John complained of did not meet the threshold of workplace bullying as defined in the Fair Work Act.
"None of the behaviours alleged, … taken separately or in combination, amount to the applicant having been bullied at work," it said.
It has also rejected John's characterisation of his email to the three senior WorkSafe personnel.
"This email was considered by the respondent to be a form of constructive feedback as opposed to a formal complaint," it said.
The Commissioner's office argued John's manager "spoke to him numerous times about his interactions with WorkSafe ACT staff and provided him with strategies to manage these interactions".
"These discussions were informal and supportive."
While it acknowledged John was hospitalised, it said it did not have the medical information to confirm he had experienced a psychological breakdown.
WorkSafe ACT appointed an investigator to examine the allegations John had made in his email on May 28.
Court documents state that the investigator's report was delivered to Commissioner Jacqueline Agius in late July 2023.
By the time John was terminated for what WorkSafe deemed was "serious misconduct" on August 23, Ms Agius had not decided what action, if any, she would take on the matter.
The Commissioner's office has argued consideration of the report, and any requirement to inform John of the outcome, became unnecessary upon his termination, because he was no longer covered by the enterprise agreement.
John is seeking more than $400,000 in compensation for financial loss, as well as the "hurt, humiliation and distress" he said he had experienced.
The case is set to go to mediation in mid-July.
If that fails, the case may go to a hearing in the Federal Circuit Court.
Editor's note 3/09/2024: The ABC has agreed to a request by the former employee of Worksafe ACT to remove his name from the story. He had agreed to have his name included when the story was first published.