Reduction in classification for harassment

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

On review, it is our role to assess the seriousness of the conduct, balance the mitigating and aggravating factors, and make a recommendation as to the preferable sanction to impose.

Mitigating factors

The employee stated that the behaviour was uncharacteristic and that there was no likelihood of the behaviour occurring again. The employee also argued that there would be a significant financial impact on them if their classification was reduced.

Aggravating factors

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 aggressive, harassing and unprofessional behaviour in relation to several colleagues over a number of years. 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.

Our consideration of the preferable sanction

We considered the employee’s claim that their conduct was uncharacteristic and, in their view, there was no likelihood of the behaviour occurring again. However as the incidents occurred over a number of years and involved different colleagues, we were not satisfied that the conduct could be considered uncharacteristic and would not occur again if the employee remained at their classification level, and as a supervisor of staff.

We considered the employee's concerns about the financial impact that a reduction in classification would have. A senior employee is expected to cultivate and foster positive workplace relationships and set an example regarding cooperative and collaborative behaviour with their colleagues. While a reduction in classification involves an unavoidable financial impact on the employee, a senior employee ought to set an example of professional workplace behaviour and be conscious of the impact of their behaviour on others. Accordingly, we were not satisfied that the employee could be trusted to continue to perform the duties of a senior employee at their classification level.

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