Sanction – reduction in classification for harassment of a supervisee

The employee sought review because they did not agree that their behaviour was so seriousness as to warrant a reduction in classification. The employee considered a lesser sanction was more appropriate, and more proportionate to their conduct.

In determining an appropriate sanction, we considered the seriousness of the employee's conduct, and the impact of the employee's behaviour on others, and the agency.

In our view, there was sufficient evidence that the employee had engaged in a high level of non-work related contact with a more junior employee that they supervised. The messaging was inappropriate, and at times sexual in nature. We were satisfied that the conduct was in breach of the Code of Conduct.

In our view, the employee's behaviour was serious in nature, and did not demonstrate leadership or set a positive example for more junior colleagues. The employee sent a high volume of messages to a supervisee, on social media and on the agency's instant messaging service, which amounted to harassment of the employee, which was at times of a sexual nature. In our view, this behaviour was inappropriate, and serious misconduct.

We also considered that the extended period of time over which the messaging occurred, and the power imbalance between the two employees, meant the agency was unable to trust the employee to be a supervisor of others in the future, or to set a positive leadership example.

We considered that the employee's personal circumstances at the time of the misconduct may have impacted on their judgement, however considered a senior Executive Level employee ought to be able to reflect on their behaviour and be conscious of the impacts of their behaviour on others.

We agreed with the agency that the conduct was serious in nature, and recommended the sanctions be confirmed.