AHG v Snowy River Shire Council [2012] NSWADT 152

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: AHG v Snowy River Shire Council [2012] NSWADT 152 Hearing dates: 13 July 2012 Decision date: 03 August 2012 Jurisdiction: General Division Before: N Isenberg, Judicial member Decision: The Tribunal decides that it should take no further action on the matter. Catchwords: Damages - causal link - applicant's failure to discharge onus Legislation Cited: Health Records and Information Privacy Act 2002 Cases Cited: GR v Department of Housing [2004] NSWADTAP 25 HP v Hunter New England Area Health Services [2009] NSWADT 186 JD v NSW Medical Board (No.2) [2006] NSWADT 345 NW v NSW Fire Brigade (No. 2) [2006] NSWADT 61 NZ v Director General Department of Housing [2006] NSWADT 173 Re Rummery and Federal Privacy Commissioner & Anor [2004] AATA 1221 Category: Principal judgment Parties: AHG (Applicant) Snowy River Shire Council (Respondent) Representation: AHG (Applicant in person) Williams Love and Nicol Lawyers (Respondent) File Number(s): 113315

REASONS FOR DECISION

Background 1For reasons that are not altogether clear, the applicant, who was an employee of the respondent, rendezvoused with Ms Minton, the Council's then Occupational Health and Safety Officer, at the surgery of Dr Veleba on 28 February 2011. During the consultation, at which Ms Milton took notes, the applicant made very serious allegations concerning the tragic death of another employee, Ms S's; alleging that Ms S had committed suicide as the result of bullying at work. 2The serious nature of the allegations led to Ms Minton sending an email on 1 March 2011 to 6 senior Council managers who the respondent said were members of the Council's Risk Management Committee. The email attached her notes of the consultation. 3Following the applicant's contentions in relation to Ms S's alleged suicide, the Council engaged a consultant to carry out an investigation into the allegations. The report of that investigation (the Report) referred extensively to the police investigation and the coroner's report in relation to the cause of death. The Report concluded, amongst other things, that as a result of some incidents Ms S was probably suffering stress. In the absence of evidence from Ms S herself, no conclusion was able to be reached in relation to bullying or harassment. The Report did however reach conclusions in relation to the applicant's conduct finding that she: intentionally fabricated evidence in respect of the circumstances surrounding Ms S's death; intentionally attempted to mislead the investigation; and intentionally made false allegations concerning the conduct of the Council's Human Relations Manager. 4The Report recommended that the Council terminate the applicant's employment on the grounds of serious misconduct in connection with the allegations. 5On 6 July 2011 the Council provided the applicant with a copy of the Report and required her to provide her written response to the report by 15 July 2011, noting that her continued employment was at risk. On 14 July 2011 the applicant provided a brief email response to the Report but on 20 July 2011, and having considered the applicant's response, the Council terminated her employment.