Services Australia dismissed public servant for 'staging fall', Fair Work Commission hears

The former mid-ranking public servant at the agency lost her job in July 2020 for serious misconduct after her employer accused her of staging the fall in front of her desk and later providing false information in a compensation claim.

But the ex-employee denies the allegation and is fighting the dismissal in the Fair Work Commission, arguing that the decision was harsh, unjust or unreasonable.

The former staff member said Services Australia had failed to consider medical information she considered relevant to the circumstances of the fall.

She said that "confabulations" due to her medical conditions resulted in her providing a statement in her claim for compensation that was found to be inconsistent with the CCTV footage of the fall. Her collapse at work appeared on CCTV footage "to the untrained eye ... strange with many moving parts," she said.

She has argued that the merit protection commissioner, her initial legal representation, a bio-mechanical expert witness, and an expert witness for Services Australia "take the view that the collapse is unexplained by the vision itself, and consideration of the medical evidence and forensic examination of the CCTV needs to be assessed in conjunction".

Fair Work began arbitrating the matter after Services Australia and the former employee didn't resolve the dispute at conciliation sessions.

The former Services Australia public servant also applied in May this year for Fair Work commissioner PJ Spencer to be recused from hearing the matter for apprehended bias.

MORE PUBLIC SERVICE NEWS:

The ex-staff member held significant concern she would not able to persuade the commissioner to her position on the CCTV footage, a new Fair Work decision says.

She argued the commissioner had shown bias by stating that the CCTV footage presented a problem for her case, and by expressing frustration at her in refusing to accept an offer from Services Australia during conciliation.

However the commissioner said all comments "were made in the context of exploring conciliation between the parties".

Comments regarding the CCTV footage were intended to assist the parties to identify potential conciliated outcomes and potential complexities about evidence they might face if the matter proceeded to arbitration, the commissioner said.

Commissioner Spencer dismissed the application for the recusal, saying there was no proper basis on which to be recused. The commissioner said the industrial umpire would contact the former employee and Services Australia regarding the next stages of the unfair dismissal case.

"It is understood that the dismissal of the applicant's employment has had a significant impact and there are serious issues to be considered at hearing in relation to the range of allegations forming the reasons for termination," the commissioner said.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content: