[2024] FWC 2237
Citation: [2024] FWC 2237
What happened
Mark Frost, an Advanced Life Support Paramedic and Bright Team Manager with Ambulance Victoria, faced disciplinary action following investigations into alleged misconduct that began in August 2021. Ambulance Victoria proposed a transfer to Dandenong, along with a warning and restorative practices. Frost disputes the transfer, arguing it would force him to relocate from Bright, where he has lived since 2009. He contends the transfer is not justified as his conduct doesn't meet the definition of workplace bullying or harassment. Conciliation attempts were unsuccessful. The Fair Work Commission is now considering whether Frost’s conduct constitutes bullying or harassment and whether the transfer is reasonable.
What was decided
The Fair Work Commission is currently reviewing whether Mark Frost’s conduct constitutes workplace bullying or harassment, and if not, whether Ambulance Victoria acted reasonably in proposing a transfer to Dandenong. The Commission will also consider if Frost can initiate a dispute under clause 37.2 of the Ambulance Victoria Enterprise Agreement 2020 regarding the transfer's reasonableness. The decision was made following unsuccessful conciliation attempts and is based on clause 11.5 of the Enterprise Agreement, which allows for arbitration of disputes related to disciplinary outcomes. The hearing was adjourned, and a final decision is pending.
What it means for employers
Employers should ensure disciplinary actions are clearly linked to defined misconduct, particularly when transfers are proposed. Thorough investigations and adherence to procedural fairness requirements, including providing employees with relevant documentation, are crucial. Employers should also be prepared to justify disciplinary actions if challenged by employees.
What it means for employees
Employees have the right to dispute disciplinary actions, especially transfers, if they believe the reasons are not justified or the process was unfair. Employees should understand their rights under the Enterprise Agreement and seek assistance from unions or legal professionals if necessary.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2024fwc2237.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →