The QIRC confirmed a permanent reduction in classification from OO4 Supervisor to OO3 Operational Officer and a reprimand as fair and reasonable disciplinary action for a substantiated finding of contravening the Code of Conduct by using grossly offensive language about a colleague in front of subordinate staff. The Commission held that the appellant's extensive prior disciplinary history involving similar conduct — including a previous temporary demotion, counselling, warnings, and management actions that had failed to modify behaviour — justified a permanent demotion, and that temporary measures were reasonably concluded to be insufficient. The Commission also held that an administrative error in the final decision letter citing the wrong subsection of s 91 of the Public Sector Act 2022 did not infect the disciplinary action decision where the correct ground was identified throughout the substantive show cause process.
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