Clinical nurse James Baker appeals proposal for disciplinary action over misconduct allegations
A Sunshine Coast clinical nurse is fighting to keep his job after serious allegations of misconduct and threatening a person at their workplace came to light.
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A Sunshine Coast clinical nurse of more than two decades is fighting to keep his job after allegations he threatened a person at a major Noosa shopping centre, while on the clock, came to light.
Queensland Industrial Relations Commission documents state James Baker, a clinical nurse within the Community Care Team for the Nambour Adult Community Mental Health Service, is fighting to keep his job after allegations he engaged in misconduct at work on November 29, 2022.
The documents alleged Mr Baker was at the Noosa Civic Centre in Noosaville when he saw the vehicle of a person he knew and allegedly threatened and/or acted violently towards them at their place of work – all during a rostered work shift.
He was further accused of using a company vehicle for personal use without authorisation and accused of stopping work for an hour and 45 minutes during his shift.
Mr Baker was placed on alternative duties on December 9, 2022 but is now facing losing his job as disciplinary action. He lodged an appeal in the Industrial Relations Commission against the proposal on October 9, 2023.
Mr Baker claimed in the documents he did not get a chance to respond to the initial complaint face-to-face; that it had taken too long to come to a decision and this caused him unnecessary distress; and that he had been a clinical nurse for 23 years without any disciplinary action.
He further argued potentially losing his job over the allegations was too harsh of a punishment, and claimed the second and third allegations were unfounded and inaccurate. He said this meant there should be a different, lesser punishment sought.
The documents state Mr Baker claimed allegations two and three “appear to be motivated by an ulterior purpose which is to aggravate the circumstances alleged in allegation one”. He is not appealing the first allegation.
Mr Baker claimed in the documents he had gone to the Noosa Civic Centre on his rostered break to get a statutory declaration for Covid-19 leave signed, as requested by a team leader, but the line was too long and instead completed an unwitnessed declaration. He said this was a work-related activity.
Mr Baker also disputed the alleged timeline of events and claimed he was absent from work for 20 minutes during his half-hour break.
He was not in a uniform and his work vehicle had no identifying features other than a number plate.
The Sunshine Coast Health and Hospital Service claimed in the documents Mr Baker had confirmed in a meeting with two higher-ups there had been a private, non-work related interaction at the Noosa Civic Centre, where he had driven there in a work vehicle during rostered hours.
The Health and Hospital Service argued Mr Baker had gone to the Civic Centre for personal matters, and that he was aware private use of work vehicles was not permitted. They claimed he had not received authority to use it as such.
They claimed Mr Baker had contradicted himself saying he had gone to the Civic Centre on his rostered break but claimed he was there for a work purpose.
Commissioner Samantha Pidgeon ordered the findings for allegations two and three be returned to the decision-maker for further consideration within 28 days.
A Sunshine Coast Health and Hospital Service spokeswoman said they would not comment on individual employee matters and could not provide further details on the matter as it is before the commission.
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