The appellant, who was employed as a Health Information Systems Support Administrator by the respondent, appealed the decision of the respondent to terminate her employment for repeated failure to follow lawful directions. The respondent gave the appellant four letters setting out eight allegations of breaches of discipline, of which seven were substantiated. Five of these were the respondent’s grounds for dismissing the appellant, the respondent issued a reprimand to the appellant for the other two.

Among the allegations included failure to comply with lawful and reasonable directions given to her by her line manager that related to matters including the authorisation of higher duties payments and the provision of documents and information related to the performance management and grievance processes of employees, as well as allegations of misconduct in accessing the personal information of two individuals without their consent in the patient medical record system. After reviewing each of the allegations against the appellant, the Board determined that the appellant did engage in the alleged conduct.

The appellant submitted that she did not wilfully or deliberately disobey a lawful or reasonable direction give to her by her employer and that the decision to dismiss her was disproportionate and unfair, while the respondent contended that the Board should not adjust its decision to dismiss and reprimand the appellant, claiming that the disciplinary action is fair and proportionate to the conduct.

After considering the contentions of the appellant and respondent and taking into consideration the appellant’s history of non-compliance with her manager’s directions, the Board agreed with the respondent’s submissions that the conduct has been repeated, was without excuse, and irreparably damaged the employment relationship. The Board also determined that both the decision to dismiss the appellant and to reprimand her were fair and proportionate. In finding that the dismissal was not harsh, oppressive, or unfair, the Board dismissed the appeal, upholding the decision to dismiss the appellant.

The decision can be read here.