Scott Vassella and Ambulance Service of NSW [2017] NSWIRComm 1018

Industrial Relations Commission New South Wales Medium Neutral Citation: Scott Vassella and Ambulance Service of NSW [2017] NSWIRComm 1018 Hearing dates: 20 October 201521 October 2015 Date of orders: 21 April 2017 Decision date: 21 April 2017 Jurisdiction: Industrial Relations Commission Before: Tabbaa AM, Commissioner Decision: Claim dismissed Catchwords: Section 84-Unfair Dismissal- grievance by employee against perceived inappropriate treatment by Manager-recurrence of anxiety disorder-workers' compensation claim-fitness to work on duties other than with the Respondent-engagement with other employers-requirement to complete Secondary Employment approval application-failure to seek approval-Acceptance of full-time permanent work with another employer-dismissal for abandonment of employment-employee claim that acceptance of alternative employment was for rehabilitation purposes-claim unsupported-finding that applicant abandoned his employment Legislation Cited: Industrial Relations Act 1996 Cases Cited: Boyd v Godfrey Hirst Australia Pty Ltd [1995] IRCA 31 Olagas v Impresstik [2006] NSWIRC 1057 Category: Principal judgment Parties: Mr Scott Vassella (Applicant) Ambulance Service of NSW (Respondent) Representation: Mr Scott Vassella (Self-represented) Mr M Sullivan Lander & Rogers Solicitors (Respondent) File Number(s): 45973 of 2016

DECISION

Background 1. Mr Scott Vassella (the Applicant) was employed by the Ambulance Service of New South Wales (the Respondent) as a Claims Manager within the Risk Management division of the Operational Support Directorate from January 2011 until his termination on 12 May 2015, his last day at work being 2 January 2015. His role principally involved the management of insurance-related claims made against the respondent including public liability, motor vehicle and property liability and workers compensation programs. His role also involved the supervision of a team of Injury Management Co-ordinators (IMCs) who provide support services and facilitate return to work arrangements for employees who have suffered injuries in the course of their employment. 2. In late 2013, he lodged a series of concerns regarding alleged inappropriate operational management behaviour and failure to follow policies and procedures which was causing his team difficulties in the workplace and in the management of their work. 3. A further concern was raised with the Acting Deputy Director risk Management, Mr Noel Quinn, on 28 February 2014. The Applicant held the belief that the concern had the potential to adversely impact his wellbeing and that of several of his staff and was in contradiction of the Respondent's workers' compensation responsibilities. 4. The alleged inappropriateness of Mr Quinn's response resulted in Mr Vassella lodging his first formal grievance with Mr Michael Homden, Executive Director-Operational Support. 5. He proceeded to lodge a workers' compensation claim which was approved. He was certified as unfit for work from 10 March 2014 until 19 March 2014. 6. Approximately four days after taking the above action, Mr Vassella discovered that all his electronic access to Ambulance intranet, support services and the Employee Assistance Program had been disabled thereby isolating him from any workplace support. 7. All reasonable steps to effect a conciliated settlement failed in proceedings held on 7 July 2015 before Newall C and directions were issued. 8. The following gave evidence at the hearing: Mr Scott Vassella Applicant Laurie Whitehurst Manager, Human Resources Services