The ACT government was forced to reverse its decision to sack a Bimberi youth prison manager for allegedly not acting on reports of an assault inside the facility, a Fair Work Commission judgment reveals.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
In March 2017, the Community Services Directorate told Bimberi unit manager Grant Brewer it planned to fire him after he allegedly failed to report a violent incident inside the facility the previous year.
“In 2016, Mr Brewer was the subject of a disciplinary process concerning an allegation that he had been informed by a co-worker that a youth worker at Bimberi had physically assaulted a young detainee on May 6, 2016, and that Mr Brewer had failed to act on, or report, the report,” the commission noted.
Mr Brewer's lawyer argued against the sacking, which was then reversed by deputy director-general Bernadette Mitcherson in a July 2017 letter.
“I refer to previous correspondence on your behalf from your legal representatives concerning my decision that you are guilty of misconduct and that your employment should be terminated,” she wrote.
“Having regard to the representations made on your behalf, I have decided to withdraw and revoke that decision.
“The instance of misconduct to which I refer is your failure to record or report an oral report made to you by [a team leader] on May 6, 2016, that he had witnessed an assault by [a youth worker] on a young person [who was] then a detainee at Bimberi.”
Instead, Ms Mitcherson said the directorate proposed to demote Mr Brewer from his unit manager position, paying about $90,000 a year, to a team leader position, paying about $70,000 a year.
Mr Brewer also argued against this second decision, saying disciplinary action had not followed due process and the proposed demotion was excessive.
“This sanction is disproportionate to the breach which [he] is accused of. It will mean a change is his annual wage in excess of $20,000,” his lawyers wrote.
“If, in spite of our submissions, you do find that the allegations against [him] are made out, then a more appropriate sanction would be formal reprimand, counselling and training.”
The Community Services Directorate said the manager's actions had been “wholly unacceptable” and the demotion was justified.
“It remains my view that it is wholly unacceptable in the ACT Public Service for a person in a management position, even on one occasion, to fail to act promptly on a report of serious misconduct – in this case a physical assault on a detainee,” Ms Mitcherson replied.
Lawyers for Mr Brewer told the Fair Work Commission the decision to demote him should go to an appeal panel, under provisions in the ACT public service enterprise agreement.
The Community Services Directorate filed an application in February to have the application thrown out of the Fair Work Commission.
The convenor of the ACT appeal panel told Mr Brewer in November 2017 that the appeal application had been received too late and the appeal would not be considered.
On June 28, 2018, the Fair Work Commission ruled against this decision, concluding that Mr Brewer's appeal should be heard by the ACT government as soon as possible.
