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"Appalling" misconduct investigation caused psychological injury

Accusing an employee of misconduct and issuing her a warning, in circumstances which at their highest pointed to an inadvertent breach, was not reasonable administrative action, a tribunal has found.

"There was not the remotest suggestion of any real wrongdoing on [the employee's] part that was worthy of a warning, one which was to stay on her record for two years," said Administrative Review Tribunal General Member Mark Carey.

The Services Australia employee sought compensation for an adjustment disorder with stress and anxiety in September 2023. She claimed it was caused by years of highly stressful social work duties; interactions with colleagues; and a misconduct allegation that was handled in an "appalling" manner.

Comcare rejected her claim on the basis that work wasn't a significant contributing factor, or alternatively because her condition was caused by a misconduct investigation that fell within the 'reasonable administrative action' exclusion...

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