Bundaberg Hospital bullying claims heard before state’s industrial commission

A nurse at Bundaberg Hospital has taken on Qld Health, claiming it took unjust disciplinary action against her for bullying.

A judge has ruled in favour of Queensland Health after a nurse who was disciplined for bullying after being externally investigated, took the matter to the Queensland Industrial Relations Commission tribunal.

Kathryn Cummings was a nurse at the Bundaberg Hospital in September 2020 when Wide Bay Hospital and Health Service Chief Operations Officer, Debbie Carroll, appointed an investigator to substantiate allegations of inappropriate conduct, bullying and harassment within the Surgical Outpatient Department.

A report by the investigator on February 1, 2021, noted several allegations were made against Ms Cummings during the investigation, and that five of the 20 allegations were substantiated, and one partially substantiated.

The partially substantiated allegation came from her Nursing Unit Manager Lola Bray, who claimed Ms Cummings victimised her, constantly referred to her as a “b----” in personal conversations with each other, and engaged in conduct that was harmful to her emotional and psychological health.

It is further alleged Ms Cummings engaged in reverse bullying of Ms Bray.

Ms Carroll considered disciplinary action against Ms Cummings after the findings, which included a reprimand, forfeiture of a remuneration increment for a period of 12 months, a meeting to discuss professional standards including codes of conduct, standards of practice of codes of ethics, and the implementation of a performance improvement plan.

WBHHS Chief Operations Officer Debbie Carroll.

Ms Cummings was invited to respond to the proposed actions through her representatives.

In her response, she noted the allegations did not constitute breaches of the Code of Conduct for the Queensland Public Service or the PS Act, and that they should not have been substantiated.

She claimed the disciplinary action of a reduction of her employee classification was “unduly harsh” and would severely impact she and her family financially.

Ms Cummings agreed to attend a meeting with Fiona Sewell, Executive Director of Nursing and Midwifery, to discuss professional standards.

She claimed WBHHS had failed to manage her performance and conduct sooner.

Commissioner Minna Knight made mention of Ms Cummings’ submissions, which stated that Ms Bray was responsible for the culture within her workplace.

“Throughout Ms Cummings submissions, she appears to repeatedly attribute or blame the behaviour reflected in the allegations, on her NUM, in part by suggesting the NUM was responsible for the culture within the unit,” Ms Knight said.

Commissioner Knight agreed with Ms Cummings that reduction of her classification was “unduly harsh” and she would be financially impacted, but condemned her behaviour.

“I have some sympathy for Ms Cummings,” Ms Knight said.

“It is incumbent on employers to manage their employees and address grievances, or poor workplace culture, in a timely manner.

“A failure to do so can result in significant challenges for those departments, agencies and employees involved.

“I have concluded that the proposed disciplinary action, in all the circumstances, was fair and reasonable.

“The behaviour and conduct demonstrated, by you, was not at the expected standards of a nursing professional or an employee of the Wide Bay Hospital and Health Service.

“Employees are expected to behave and conduct themselves in accordance with the WBHHS values such as collaboration, accountability, respect, excellence and ‘through patients eyes’.

“Employees are expected to also abide by the expectations outlined within the Code of Conduct for the Queensland Public Service.

“It is my expectation that you will ensure that in future you behave and conduct yourself in such a manner that positively reflects the WBHHS, with its values in the forefront of your mind.

“I believe this action is reasonable and appropriate having considered the substantiated and partially substantiated allegations are of a serious nature.”

In handing down the decision on March 9, 2022, Commissioner Knight imposed a reprimand on Ms Cummings and agreed she should be managed by the implementation of a PIP and a meeting with Ms Sewell to discuss professional standards with respect to codes of conduct, standards of practice and codes of ethics.