Insufficient evidence to support findings of fact
An IT specialist was found to have breached five elements of the Code of Conduct, including care and diligence and using Commonwealth resources in proper manner and for a proper purpose, for the following behaviours:
The MPC recommended the findings of misconduct be set aside for several reasons, including:
We noted that the employee’s activities might raise other concerns, for example the workplace health and safety implications of an employee remaining after hours on agency premises but these matters were not considered as part of the misconduct investigation.
The agency imposed the sanction of a reassignment of duties. We noted that this option was open to the agency, separately from imposing a sanction under section 15(1) of the Public Service Act 1999.
Section 25 of the Public Service Act gives agencies the general power to reassign duties, meaning that in this case it was open to the agency to remove the employee from a specialist IT role without requiring a finding that the employee had breached the Code of Conduct.