Court Highlights Condonation & Mishandling

Updated 22/04/2016

Powers over Civilian Workforce must be removed says Union ……
The Premier must reference an independent investigation into Victoria Police’s incompetence and their condonation and mishandling of the discipline provisions following damning criticism by a Federal Court Judge, the Community and Public Sector Union said today.
 


CPSU State Secretary Karen Batt said, ‘the whole sorry tale of VicPol's pursuit of Cate Quinn needs to be fully examined and any investigation should look at removing employer powers from VicPol over their civilian workforce.’

‘The powers should be returned to Government and exercised by the Department of Justice.’

‘This rogue PS employer needs to be held to account.’

‘Their command and control approach is out of date and reason enough to have non police civilian support specialists employed separately.’

‘Police policing Police when it comes to their non-police workforce is incongruous,’ she said.

Ms Batt said, ‘VicPol quickly backed away during the proceedings from their reliance on the Ombudsman’s report as their basis for their initial decision to stand Cate down as others more senior were seen to have been mysteriously passed over for any scrutiny.’

‘Their fresh affidavits then revealed how their new charges using allegations up to five years old had been concocted to justify the suspension,’ she said.

Justice Bromberg notes;

 

para 14 - The Ombudsman's report did not contain any recommendation that Ms Quinn be counselled or otherwise disciplined in relation to her conduct.

para 84 - commonly, misconduct involves dishonesty, violence or harassment, offensive behaviour or wilful disobedience.  None of the allegations against Ms Quinn fall into those categories.

para 85 - The evidence also suggests that a least some of the impugned conduct may have been condoned and that conduct is no longer available as a ground of misconduct.

para 92 - I am satisfied that the new suspension decision has and will have adverse consequences for Ms Quinn, including by affecting her rights, interests or legitimate expectations.

Ms Batt said, ‘Cate has served Victorians for over 26 years and as a specialist in her field has won accolades for her work from her employer and from colleagues around the world.’

‘Cate returning to work allows her expertise in clandestine lab analysis to be an additional resource that’s so badly needed.’

‘Hundreds of thousands of dollars have been wasted defending poor decisions by personnel who get paid hundreds of thousands of dollars to get it right.’

‘The reasons behind the Federal Court’s decision yesterday now strengthen entitlements to procedural fairness when facing disciplinary action for all Victoria’s public sector employees,’ she said.

Media Enquiries:

CPSU State Secretary Karen Batt on 0418 55 29 25 or CPSU Communications Manager Julian Kennelly on 0417 541 789.

Thursday, 29 July 2010
 

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