Wagga Base Hospital: Dr Peter Bossak loses compensation bid after allegations of decade-long bullying
A US doctor who alleged he was victimised for over a decade at Wagga Base Hospital has lost his bid to claim to more than $1 million in compensation.
The Wagga News
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A doctor has lost his bid for $1.6 million in compensation after alleging he had been victimised by numerous “decision makers” at Wagga Base Hospital shortly after he began working there in 2005.
Dr Peter Bossak’s allegations in the NSW Industrial Relations Commission against 10 staff — including seven doctors — and human resources at the emergency department arose from contractual and workplace disputes, court documents show.
The commission on Tuesday dismissed Dr Bossak’s application to appeal after his victimisation claims was dismissed last year.
Fifteen years ago, the 72-year-old moved from the US to begin as clinical co-ordinator at the hospital, with his salary and conditions in accordance with the specialist staff award.
Court documents state the agreement between the hospital and Dr Bossask was for him to be paid as a specialist on the basis he passes prescribed exams at the Australasian College for Emergency Medicine, which would provide him with the specialist staff qualifications.
However, in 2010, he was demoted to a career medical officer — which is about $205,000 less per year — and has been in that role since.
It came after a dispute with another medical director about performance, forcing multiple contractual negotiations, and his failure to obtain the specialist qualifications twice between 2007 and 2010.
In 2011 and 2018, he lodged two formal complaints of bullying behaviour against two other medical staff. On both occasions, investigations concluded that his claims were unsubstantiated.
Court documents state between 2013 and 2018, it appeared staff raised concerns about Dr Bossak’s performance, including his “patient throughput numbers”.
However, Dr Bossak disputed there was a legitimate basis for any of those concerns.
In late 2018, the 72-year-old filed a victimisation application with the commission.
In his affidavit, he stated the health district “enticed me to accept the position by paying me the remuneration of a staff specialist based on my qualifications and experience in the USA”.
He tendered to the court a letter from the director of medical services he alleged threatened to dismiss him if his underperformance continued.
Finally, he said attempts in early 2018 to put him on a performance improvement plan amounted to bullying tactics because no evidence was produced about his under performance.
He had sought $1.6 million for the loss of income between his previous and current roles and for his suffering.
“My health was suffering from this constant attacking behaviour,” Dr Bossak said.
“The actions of the hospital directors … have caused irreparable damage to my self esteem and self confidence.”
In August 2019, Commissioner John Murphy dismissed Dr Bossak’s application, saying there was no evidence that he had been victimised at any stage.
He also said the amended employment contract letters from the dispute negotiations did not constitute victimisation because Dr Bossak agreed to them.
“I reject the characterisation that these negotiated outcomes were forced agreements or mere salvage operations,” he said.
Commissioner Murphy also said the recommendations about improving Dr Bossak’s performance “were made in response to genuine concerns”.
The hearing for an appeal was held in November last year and in a judgement on Tuesday, the commission dismissed Dr Bossak’s application.
Dr Bossak relied on nine grounds with the majority relating to legal principles. He said a number of the grounds “are of general public significance …(and) go beyond only the interests of the immediate parties to the matter”.
However, the commission found Dr Bossak was not victimised under the Industrial Relations Act because it had “serious doubt that the miscellany of matters occurring between 2007 and 2018 on which Dr Bossak relies, singly or in combination, constitutes detriment”.
Chris McArdle, SC, who represented Dr Bossak, told The Wagga News that they accepted the commission’s decision.
“No challenge was made to the truth of the evidence given by Dr Bossak, which remains on the public record,” Mr McArdle said.
“The events described did happen. We note, though, that the commission did not find that they gave rise to the point of law we were arguing.”
Mr McArdle said Dr Bossak would continue his dedicated and highly skilled work as an employed accident and emergency doctor for the community.
Vanja Bulut, who represented the NSW Health Secretary in respect of the MLHD, has been contacted for comment.
An MLHD spokesman declined to comment on the decision.