A former public servant who says a workplace counselling session with her boss left her psychologically damaged has lost her bid for workers' compensation.
Ex-ACT Director of Public Prosecutions employee Janine Hoskins alleged that her boss, Director Jon White, subjected her to an expletive-laden "barrage" of abuse during the counselling session on August 7 2014.
But the Administrative Appeals Tribunal did not accept Ms Haskins' version of events, finding that Mr White did not raise his voice, swear or behave inappropriately when he and two other colleagues sat down to discuss a complaint from a member of the public about Ms Haskins's conduct.
The Tribunal found Mr White and his colleagues behaved professionally and reasonably during the session and therefore Ms Haskins was not entitled to workers' compensation for any injuries or illness suffered from her employers' action.
The trouble started in June 2014 when Mr White received a written complaint from a member of the public, claiming an employee of the ACT DPP had behaved inappropriately, and the director later established that Ms Haskins, a senior witness assistant at the prosecutions office, was the subject of the grievance.
Both the DPP and federal workplace insurer Comcare have agreed that the nature of the allegation against Ms Haskin should not become public.
After an "evidence gathering process" Mr White formed the view that Ms Haskins had engaged in misconduct, which she denied, and that she should be counselled.
When the director, Ms Haskins and two colleagues sat down on August 7, Mr White says he told the witness assistant that that her the conduct had brought, or was likely to bring, the ACT DPP into disrepute and that any repeat of the behaviour would lead to further formal disciplinary action.
Ms Haskins apologised and acknowledged that she had done the wrong thing, although she did not admit to all of the alleged conduct.
But according to the tribunal her recollection of the counselling session was very different from that of the others present that day.
Ms Haskins asserted that Mr White raised his voice and swore at her.
She said that Mr White "repeatedly told [her] how 'f---ing unprofessional' [her] conduct had been" and that he "verbally abus[ed]" her in a "barrage" that "went on and on, it seemed like forever".
But Tribunal Senior Member James Popple preferred the evidence of Mr White and the other two DPP employees present that day, one of who said the director's behaviour during the counselling session was "highly professional and appropriate at all times" and that he had been "calm and professional throughout".
"I do not mean to suggest that Ms Haskins is lying," Dr Popple wrote.
"I believe that she perceived the counselling session in the way that she has described it.
"However, her recollection of the counselling session is very different to that of the other attendees."
The tribunal senior member found that Ms Haskins' "condition is outside the boundaries of normal mental functioning and behaviour" and that Comcare had conceded the former public servants condition was at least partially a result of her ex-employer's actions.
But compensation legislation requires a claimant to prove their employer acted unreasonable and Dr Popple found the DPP's action in relation to Ms Haskins disciplinary matter had been reasonable.
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