A local government employee has won her workers compensation appeal in an embarrassing decision for a local council.
What started as a worker dobbing in another over a time sheet rort, escalated into a screaming confrontation and successive poor judgements by senior staff as they mismanaged the situation.
In an appeal judgement against Wattle Range Council’s refusal of workers compensation for one of its employees, the judge details a saga that resembles an episode of The Office that got out of control.
Wattle Range Council Mayor Peter Gandolfi told InDaily the workers’ spat had got out of hand, but had now been resolved.
“Like all organisations, cases such as these are a reminder to us to make sure our human resources systems and procedures are working properly,” Gandolfi said.
“We have more than 100 employees and while there will always be personality clashes, it’s expected that things be kept under control.
“The worker is now back on duty and all is well.”
The saga began in April when a worker reported to her manager an incorrect entry she noticed in an open timebook on a co-worker’s desk.
The manager then told the co-worker she’d been dobbed in – and she in turn angrily confronted the worker.
After watching the screaming confrontation from his office – with a smile – the manager then told the worker she deserved this response.
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And so it went on with Occupational Health and Safety officers becoming involved and eventually the chief executive.
The worker was on sick leave from April to September while the council sorted through the mess with the worker’s manager and co-worker disciplined for breaches of the Employee Code of Conduct.
The Industrial Court held that the manager’s actions were a predominant and unreasonable cause of the worker’s stress and illness and ordered the council to accept her compensation claim for weekly payments and medical expenses.
In the background to the incident in April, Judge Lieschke outlined several previous incidents that suggested a culture of suspicion in the office.
On Friday 8 April, Kimberley Awalt, a technical services project officer, went to answer a two-way radio call next to the desk of co-worker Karen Talanskas when she noticed Talanskas’ time book open on her desk.
“This occurred sometime after Ms Talanskas left the office at 3.00pm on the Friday afternoon.
“She noticed that the coloured copy page had been removed and the entry had been signed off by the manager Wayne Fennell.
“Ms Awalt noticed the last entry which showed that Ms Talanskas was working until 5.00pm on Friday.”
Awalt told the court: “I thought, ‘well, she’s fudging the books, and that’s not allowed, and that – I’m a rate payer, that’s my money going to waste, as well as anybody else’s, and she shouldn’t be doing it.”
Having decided to tell the manager, she would later be surprised when the manager said it was “none of her business”.
“He also said he would speak to Ms Talanskas and sort it out,” the court summary stated.
And then it started.
No sooner had Wayne Fennell called Talanskas into his office, than Talanskas stormed back out and “screamed and swore at her and told her she should have minded her own business, that she did not know what was going on, that she had no right to question Ms Talanskas and that she was a gossip and into everybody’s business”.
“Meanwhile she noticed Mr Fennell sitting in his adjacent office watching and smirking.”
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Fennell, in his own statements, denied he had been smirking or smiling.
Soon after the screaming confrontation OH&S officer Claire O’Loughlin arrived along with the Council’s CEO Peter Harriott.
“The worker saw Ms O’Loughlin walk straight up to Ms Talanskas, put her hand on her shoulder and asked if she was alright. Ms O’Loughlin did not speak to her,” the court summary noted.
“The worker felt this was a public display of support for Ms Talanskas and against her in the presence of the CEO.”
The council eventually brought in the Local Government Association to conduct a review of the incidents.
After the LGA review, disciplinary warnings were issued against Fennell and Talanksas.
The claim for workers compensation, however, had failed and Kimberley Awalt sought a review.
In his decision, Judge Leischke found in her favour on several counts.
“Both Ms Awalt and Mr Clayson saw Mr Fennel grinning while he watched this confrontation. Mr Fennell denied this.
“Based on my acceptance of Mr Clayson’s evidence, and on Mr Fennell’s general lack of consistency, I accept the worker’s evidence in this regard.
“But I do not infer that Mr Fennell was simply indulging in schadenfreude, as his reaction is also consistent with embarrassment or confusion about his responsibilities.
“The point is that Ms Awalt’s evidence is again found to be reliable.
“As to the issue of incapacity, I find Ms Awalt has been incapacitated for her employment since 9 April 2013 and continuing.
“This is based on my acceptance of her evidence regarding her symptoms and inability to return to work, the consistent medical evidence, and a lack of any resolution of the causative issues.
“As the injury occurred on 9 April 2013 she is entitled to weekly payments of income maintenance from then and continuing, with interest, and payment of reasonable medical expenses.”
And so it was that a testy day in the office took almost six months to resolve. Mayor Peter Gandolfi said it had been a lesson well learnt.
“We’ve had very good assistance and advice from the LGA and we aim to make sure these incidents aren’t repeated.”
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