NSW Fire and Rescue: Kurri Kurri captain Ken Maxwell to be reinstated
Despite allegations of bullying and misconduct Kurri Kurri fire captain Ken Maxwell has won his unfair dismissal case against NSW Fire and Rescue despite a commission hearing half the station will quit if he returns.
NSW
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A fire chief who was called an “evil Nazi with no soul” by one of his firefighters will be reinstated despite a commission hearing half of the station will quit upon his return.
Ken Maxwell will return to his role as Kurri Kurri fire captain after being accused of bullying staff over things including their fingernail length and demanding they be available 60 hours a week instead of the required 24.
He was sacked on July 23, 2018, "as a consequence of sustained findings of allegations of misconduct" but has won his unfair dismissal case in the NSW Industrial Relations Commission.
Chief Commissioner Nichola Constant has ruled that Mr Maxwell should be reinstated as fire captain at Kurri Kurri station within 28 days.
Due to being in a regional area, the station operates with retained, part-time, staff who are paid for the hours they work.
She said that the bullying allegations did not satisfy “the onus of proof”.
He had engaged in inappropriate and unprofessional conduct but this was not enough to warrant his dismissal, the commissioner said.
Mr Maxwell was first accused of bullying and harassment during the latter years of his 20-year career as a fire captain at this station which began in 1996, the commission was told.
The commissioner said in her judgment that issues started to arise in 2009. Mr Maxwell told the commission that a group of retained firefighters were antagonistic and difficult to manage before his suspension on December 12 2016.
The commission heard that staff had complained Mr Maxwell had taken a hose off a female firefighter on the fire ground, singled out a worker for not signing a work agreement and demanded staff be available for 60 hours a week instead of the required 24.
NSW Fire and Rescue launched an investigation into his behaviour in 2016 and Senior Officer, Tayah Rogers spoke to a number of the retained firefighters.
One, Tayla Barrett, described Mr Maxwell “like a Nazi evil person that doesn’t like souls. He’s going to eat your soul, that’s what he is like”.
At a later hearing, Ms Barrett accepted these comments were “a little much” and that she was “very emotional” at the time of the interview.
NSW Fire and Rescue Superintendent Greg Windeatt told the commission that he believed if Mr Maxwell was reinstated it could cause up to 50 per cent of the Kurri Kurri station staff to leave.
Retained firefighters Anna Legovich and Wayne Redfern both said if Mr Maxwell returned they would look at transferring to a neighbouring station.
“His return would create low morale,” Mr Redfern said.
The Daily Telegraph has contacted NSW Fire and Rescue for comment about the measures they will take to “reintegrate” Mr Maxwell back into the station and whether they are concerned about the possibility of losing half of their staff.