Leaker's dismissal upheld

Crown Law recently represented the Department of
Agriculture, Fisheries and Forestry in an application for reinstatement brought
by a former employee who had been dismissed for, amongst other things,
releasing department information to external parties including media
organisations.

The disclosures were not authorised and resulted in articles being published that were highly critical of a decision by the government to close a departmental facility in Toowoomba. The applicant opposed the closure. The applicant also deleted information from his departmental issued mobile phone before returning it as directed.

Significantly, the applicant claimed that he had been dismissed because an email from the Crime and Misconduct Commission (as it was then) to the department had identified him as a having made a public interest disclosure to the CMC. The applicant claimed that his identity should not have been disclosed to the department. The person who received the email from the CMC was not the decision-maker in relation to the disciplinary action, although they were involved in overseeing the investigation and disciplinary process.

DP Swan, who heard the matter over nine days, found that there was a reasonable basis for substantiating each of the allegations against the applicant. DP Swan also found that the CMC email was not a trigger for the applicant’s ultimate dismissal. She found that the applicant took his involvement in disputing the closure of the facility to an unacceptable level and in doing so, failed to comply with his obligations under the Public Service Act 2008. The dismissal was held not to be harsh, unjust or unreasonable.

The Applicant has 21 days to appeal the decision.