Townsville University Hospital security officer wins small victory in Queensland Industrial Relations Commission

A Townsville University Hospital security officer suspended from his job for allegedly using “disproportionate force” restraining a patient has won a small court victory.

Townsville University Hospital: Picture: Evan Morgan

A Townsville University Hospital security officer suspended from his job for allegedly using “unreasonable and disproportionate force” restraining a patient has been handed a minor victory by the Queensland Industrial Relations Commission.

In a written decision, the commission rules against Queensland Health, ordering that TUH health security officer Luke Colebrook be returned to suspension with pay effective as of December 23.

The decision states that Mr Colebrook, who worked in TUH’s Facilities and Integrated Support Services Unit, was suspended with pay and given a “Show Cause Notice for suspension without remuneration” in late November.

It says the notice asks the appellant, Mr Colebrook, to respond directly to the allegations.

“The allegation/s relate to your conduct and the performance of your duties in the workplace on 20 November 2024 during the restraint of a patient and that you have allegedly used unreasonable and disproportionate force and prohibited physical restraint technique/s.”

The Commission said Mr Colebrook, with the assistance of his union, lodged the notice on December 3, followed by a decision by TUH executive director of people, strategy and governance Shellee Chapman to suspend the appellant without pay.

An appeal against that decision was filed on January 10.

According to the Commission, the appellant argues that the decision is “unfair and unreasonable because the decision-maker has determined that the appellant ‘is liable’ for discipline despite there being no investigation, no disciplinary process and no disciplinary finding”.

It says Ms Chapman, on the other hand, does not say what information she has, but “argues that she formed a reasonable belief that the alleged conduct is of a ‘serious nature’”.

“The respondent further argues that the appellant’s argument that the decision failed to afford ‘natural justice’ is incorrect.”

In a technical ruling, the Commission states: “The notice ‘must’ state when the suspension starts and ends, whether the employee is entitled to remuneration for the period of the suspension, and the effect of alternative employment on any entitlement to remuneration for the period of suspension.”

“Given the respondent’s control over the resolution of the matter arising from the alleged conduct, the impact of the employee remaining on suspension with remuneration can be managed to ensure it does not continue longer than necessary,” it says.

“A timely resolution would address the broader public interest of ensuring that employees do not remain on suspension with remuneration for extended periods of time.”

The Commission says that given the significant financial impact on Mr Colebrook, a new father, and lack of efficiency in resolving the issues, “I am not of the view that it was fair and reasonable to suspend the appellant without remuneration”.

Townsville Health and Hospital Service says it does not comment on “individual employee matters in order to protect the privacy and confidentiality of our staff”.

Originally published as Townsville University Hospital security officer wins small victory in Queensland Industrial Relations Commission