Prince Charles Hospital doctor found guilty of misconduct for time-sheet fraud wins re-hearing
A veteran doctor at Brisbane’s Prince Charles Hospital suspended from his job over accusations he repeatedly claimed pay when he was not working has won the first round of a bitter legal battle.
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A veteran doctor at one of the state’s top public hospitals who was suspended from his job over claims he repeatedly claimed pay when he was not working has won the first round of a bitter legal battle.
Charles McDonald, a senior clinical perfusionist at the Prince Charles Hospital in Brisbane’s northern suburbs, was found guilty of misconduct for time sheet fraud in August.
The finding came after a disciplinary investigation by Tami Photinos, the executive director of the hospital.
Ms Photinos proposed to slap him with a reprimand, the decision states.
But after he denied the claims and appealed her decision to the Queensland Industrial Relations Commission, on November 15 Industrial Commissioner Samantha Pidgeon ruled that it was not fair and reasonable for Ms Photinos to substantiate the allegation of time sheet fraud.
Ms Pidgeon has set aside Ms Photinos’s finding and sent the case back to Ms Photinos to reconsider her decision that he “committed multiple instances of time sheet fraud” between August 2023 and February this year.
Dr McDonald, who has 30 years of prior service, was suspended with pay in May.
The misconduct was based on “32 instances of alleged time sheet fraud”, with the initial total of 74 instances over a seven-month period where he allegedly worked for fewer hours than he had been rostered to work, later culled during the internal disciplinary process.
Queensland Health based the allegations on an audit of Dr McDonald’s swipe access card activity and carpark entry and exit times, the decision states.
Ms Photinos told Dr McDonald in her ruling that on several dates swipe data showing his exit the staff car park was missing so she instructed him: “You are not to ‘shadow’ or follow other staff throughout the facility or when exiting the car park”.
Dr McDonald submitted that there were explanations for his “unusual time sheet activity” and any inaccuracy or irregularity in this time sheets was not intentional and therefore, there has been no fraud.
Dr McDonald also submitted that the allegations did not take into account that he often took his 30-minute unpaid meal break at the end of his shift.
Dr McDonald denied the allegations and said the claims were “unfounded” arguing that he believed he had been “targeted” and “singled out” with Queensland Health performing an “extensive data review” of his identification swipe card.
“The entire perfusion department should also be subject to the same level of scrutiny,” Dr McDonald submitted.
He also argued it was common and accepted practice for staff in the hospital’s cardiothoracic operating theatres to “leave 30 minutes or more before the end of a shift” if all work is done.
Ms Pidgeon ruled that it was “appropriate” for Ms Photinos to “consider Dr McDonald’s swipe card data in the context of other available swipe card data of people with similar positions to him”.
“Or if this is not to be done, for Dr McDonald to be provided with an explanation of why his information is being considered in isolation,” Ms Pidgeon found.
Ms Pidgeon concluded that after Ms Photinos reconsiders the matter, various outcomes are possible including that the findings of time sheet fraud are not sustained, or that the dates are narrower and do not point to a “pattern of behaviour”, or she may again substantiate the allegation.
Dr McDonald will have the chance to appeal her decision to the QIRC again if he wishes.
He argued the misconduct finding could have implications on his career, access to public sector jobs, his reputation, and his ability to provide for his family.
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