Ganly v Queensland Audit Office (No 2)

[2015] QIRC 114

QUEENSLAND INDUSTRIAL RELATIONS COMMISSION

CITATION:        

Ganly v Queensland Audit Office (No 2) [2015] QIRC 114

PARTIES:  

Brian Ganly
(Applicant)

v

Queensland Audit Office (No 2)
(Respondent)

CASE NO:

B/2014/70

PROCEEDING:

Application for Injunction

DELIVERED ON:

10 June 2015

HEARING DATES: 

4 March 2015
19 March 2015 (Respondent's further submissions)
27 March 2015 (Applicant's further submissions)
9 June 2015 (Draft Minute of Orders)

MEMBER:

Industrial Commissioner Neate

ORDERS:

1. The Respondent is hereby restrained from taking any further steps under Chapter 6, Part 2 of the Public Service Act 2008 with respect to the action against the Applicant initiated by it through its letter of 22 August 2014 until the grievance raised by the Applicant in his letter of 13 November 2014 pursuant to clause 3.2 of the Queensland Public Service Award - State 2012 is finalised.

CATCHWORDS:

INDUSTRIAL RELATIONS - disciplinary proceedings against employee commenced under Public Service Act 2008 - employee initiated grievance process under relevant Award before disciplinary process complete - employee sought injunction from Commission to restrain respondent from proceeding with disciplinary process until grievance dealt with - injunction granted

CASES:

Industrial Relations Act 1999 s 277
Public Service Act 2008 s 188

APPEARANCES:

Mr K. Watson, counsel instructed by Moriarty and Associates, for the Applicant
Dr M. Spry, counsel instructed by Crown Law, for the Respondent

Decision

1. Brian Ganly ("Applicant"), an auditor employed by the Queensland Audit Office ("Respondent"), applied to the Queensland Industrial Relations Commission ("Commission") for an injunction under s 277 of the Industrial Relations Act 1999 to prevent disciplinary action being taken in relation to him by the Respondent under the Public ServiceAct 2008 ("PS Act") before the Applicant's related grievance is dealt with in accordance with the procedure contained in the Queensland Public Service Award - State 2012.

2. The Applicant's grievance related to a letter to him dated 22 August 2014 signed by Anthony Close, Deputy Auditor-General, in which the Applicant was invited to show cause why a disciplinary finding should not be made against him in relation to allegations that he had accepted and used a free car park from an audit client.

3. On 17 October 2014, Mr Close wrote to the Applicant advising that he had carefully considered all the evidence before him (including the response made on the Applicant's behalf dated 29 September 2014) and had determined that the allegation against the Applicant was substantiated on the balance of probabilities. Mr Close determined that the Applicant contravened, without reasonable excuse, a provision of the Code of Conduct. He found that the Applicant was liable for disciplinary action pursuant to s 188 of the PS Act, and was giving serious consideration to imposing a specified penalty, including a reduction of classification level and consequential change of duties.

4. On 13 November 2014, the Applicant lodged an employee grievance with his manager about both the decision to find the allegation against him to be substantiated and the decision to seriously consider a demotion as the proposed penalty.

5. Having reviewed the evidence and submissions, and for reasons published on 2 June 2015, I held that the Applicant is entitled to an injunction against the Respondent: Ganly vQueensland Audit Office [2015] QIRC 108.

6. The parties were directed to file with the Industrial Registrar draft minutes of orders to give effect to the Commission's decision.  Consistently with that direction, the parties provided a draft minute of orders by consent on 9 June 2015.

7. I am satisfied that the draft minute of orders gives effect to the Commission's decision.

8. Accordingly, I make the following order:

1.The Respondent is hereby restrained from taking any further steps under Chapter 6, Part 2 of the Public Service Act 2008 with respect to the action against the Applicant initiated by it through its letter of 22 August 2014 until the grievance raised by the Applicant in his letter of 13 November 2014 pursuant to clause 3.2 of the Queensland Public Service Award - State 2012 is finalised.