AN unfair dismissal case has blown the lid on the toxic culture inside the Hunter's ambulance service exposing homophobic slurs, inappropriate conduct and discrimination.
For more than two years, the Newcastle Herald has been reporting on the implosion of management in the Hunter arm of NSW Ambulance following the resignation and dismissal of a host of senior staff amid several internal investigations.
Now an unfair dismissal claim lodged by former duty operations manager Brian Knowles, who was based at Hamilton and claimed to be the victim of a NSW Ambulance "witch hunt", has given insight into the "toxic" culture Hunter paramedics have complained about for years.
Following a four-day hearing, the NSW Industrial Relations Commission found that Knowles was justifiably sacked in August 2021 after breaching NSW Health's code of conduct over a period of more than three years.
Knowles was also found to have acted unethically when he helped his manager, Kerry Akester, get into an Elton John concert in January 2020 at Hope Estate, in the Hunter Valley, without a ticket.
Knowles admitted to making a "mistake", after "multiple requests" by Ms Akester, to get her name put on the guest list at the concert, where he was working as the event forward commander.
Ms Akester and her husband Robert Akester, both NSW Ambulance Hunter-based zone area managers, resigned in May 2020 amid internal investigations.
Knowles admitted sending "disgusting" emails and texts denigrating colleagues to Ms Akester, who at the time was one of the most senior paramedics in the Hunter charged with overseeing ambulance stations across Newcastle and Lake Macquarie.
In the communications between mid-2016 and early 2020, which the commission heard Ms Akester did not discourage, Knowles referred to groups of colleagues as "that bunch of spastics", "retard crew" and "c---s".
He went even further to describe individuals as "a c--k", "doing f--- all", "gobshite", "vomit", "idiot", "knows nothing about anything" and "annoying as f---".
"Send it to him when you throat punch him", "just have to push Jeff down the stairs", "going to throat punch him" and "arrange a meeting between him and Pickering. That'll f--- him", were among other messages.
Knowles admitted sending the emails and texts, but said he could not recall them and they were "private" exchanges that were not shared. They were discovered during a separate investigation relating to Ms Akester.
The veteran paramedic, with 17 years' experience, said when he completed ambulance management training in 2010 he was taught to "vent upwards" when frustrated and said it was "our manager's role to listen".
"These emails and text messages were never shared with anyone else prior to them being discovered during a forensic examination by Landers and Rogers of Akester's mobile phone and laptop during their investigation," Knowles said.
"These messages were nothing more than two managers venting their frustrations in what was an extremely stressful job, working in a toxic environment."
The commission also heard that in messages to Ms Akester in the February and April 2020, Knowles referred to the incoming head of the Hunter arm of NSW Ambulance, Chief Superintendent Jordan Emery, who is openly gay, as "rainbow boy" and called another female station officer a "lesso".
Commissioner Janine Webster said Knowles had been good at his job, which he loved and was dedicated to, but found he discriminated against Mr Emery, who left the Hunter last year, by referring to him in a conversation with two other paramedics as a "shirt lifter".
"I note the appellant's conduct is consistent with his behaviour in adopting foul and inappropriate language to describe homosexual colleagues in the context of his communications with Ms Akester," she said.
"I reject the appellant's evidence that he had not heard of the term shirt lifter prior to these proceedings... There is little doubt the description of Mr Emery as a shirt lifter was derogatory and consistent with the modern definition of homophobic. Mr Emery gave evidence that he was left feeling 'hurt and humiliated' by the appellant's conduct."
Knowles was also found to have engaged in misconduct in July 2017 when he asked Ms Akester for answers to questions in a recruitment process.
"Would you have anything in your vast array of job application[s] that would reflect the questions for job application ... if you do would you mind forwarding something to me because I can't be f---ed trying to make up some bullshit answer," Knowles wrote.
Commissioner Webster described Knowles' transgressions as "extensive", while acknowledging he had not received any formal warnings for previous similar behaviour.
She said under cross examination Knowles appeared "genuinely disgusted in his own behaviour" and "gave emotional evidence" when describing how he had to explain the situation to his family, but this was not consistent with his previous approach of attempting to "explain away his conduct" based on his belief that the communications were private, the stress of his job and the adoption of a "venting up" protocol.
"The appellant did not appear to appreciate how his behaviour could contribute to the overall culture of the organisation...," she said.
"Indeed, the conduct appears to have been condoned by the appellant's manager, with whom he clearly shared a relationship that had transgressed normal professional boundaries. Despite this, the appellant had a responsibility to conduct himself in an appropriate manner in the workplace.
"The fact that his manager allowed him to engage in the relevant conduct, seemingly without consequence, did not absolve the appellant of his personal responsibility to abide by the code of conduct. Again, this is particularly so given the appellant occupied a leadership role within the respondent's [NSW Ambulance] operations."
The commission heard that since his sacking, Knowles had been unable to work and was receiving workers' compensation payments.
"Although the appellant demonstrated some insight into how his conduct and behaviour had contributed to the respondent's decision to dismiss him, I remain concerned that he still does not fully accept and appreciate his role in creating an inappropriate workplace culture," Commissioner Webster said.
She found Knowles "not fit" to occupy a NSW Ambulance managerial position.
"The decision to dismiss the appellant is not harsh. I have decided that the dismissal of the appellant was an appropriate penalty for the misconduct sustained in these proceedings against him," she said.
Know more? Donna.page@newcastleherald.com.au
