The applicant initially referred a matter to the Commission, under the Public Sector Management Act 1994, regarding the respondent’s decision to take disciplinary action against her and demote her position from Principal Officer to Senior Officer.  The parties attended a conciliation conference, without reaching a settlement, and the respondent agreed to provide video evidence of the alleged misconduct of the applicant. The applicant was to view the evidence and then consider her options before progressing with the matter, however due to the location of the evidence and the applicant’s work schedule her opportunities were limited.

Ongoing communication between the applicant and her legal representative took place, with an aim to obtain additional evidence and negotiate a settlement with the respondent.  The respondent subsequently applied to the Commission to dismiss the application alleging that the applicant had not progressed her case. The applicant contended that the delay in progressing the matter were attributed to her own efforts to negotiate a settlement with the respondent, and to gain access to evidence supplied by the respondent.  

The Commissioner reviewed the circumstances surrounding the case, including the ongoing efforts of the applicant to engage with her lawyer and the respondent in order to negotiate a settlement.

Commissioner Walkington concluded that there was no evidence the applicant’s behaviour had ‘been intentional and continuous’ or that her delay was ‘inexcusable’. Rather, the applicant had a reasonable belief that she was progressing her application through various means including negotiations conducted by meetings and correspondence.  Accordingly, the respondent’s application to dismiss the appeal was refused. 

 

The decision can be read here.