Ms Pamela Boxsell v ACT Government T/A Act Government Health Directorate

Ms Pamela Boxsell applied to the Civil and Administrative Tribunal (CAT) for review of a decision made by the ACT Government in relation to a disciplinary matter under the Public Service Nursing and Midwifery Enterprise Agreement 2013-2017. The dispute arose from the Head of Service's acceptance of the majority recommendation of an Appeal Panel that Ms Boxsell's employment be terminated due to serious misconduct. Ms Boxsell challenged the decision on several grounds, including procedural fairness and the correctness of the decision itself.

The primary legal issue before the Tribunal was whether the Head of Service's decision to accept the Appeal Panel's recommendation was proper and lawful. This involved an examination of the procedural fairness of the disciplinary process, the correctness of the factual findings made by the Panel, and the proportionality of the sanction imposed. Ms Boxsell argued that there were significant procedural errors and that the decision was not supported by the evidence.

The Tribunal found that the process followed was generally in accordance with the relevant provisions of the Enterprise Agreement. It held that there were no substantial procedural errors that would vitiate the Appeal Panel's decision. Furthermore, the Tribunal found that the factual findings of the Appeal Panel were open to them based on the evidence presented. The Tribunal also considered the proportionality of the termination of employment and concluded that it was a reasonable and proportionate response to the misconduct identified.

In light of the above, the Tribunal dismissed Ms Boxsell's application for review. The decision of the Head of Service to terminate her employment was affirmed, and no further action was ordered.