A LOWER Hunter Fire and Rescue NSW captain accused of having a 'dictatorial management style', who was sacked for bullying and harassing crew members, has won his job back.
The NSW Industrial Relations Commission ruled that Ken Maxwell, the part-time retained captain of Kurri Kurri's 349 brigade, had been unfairly treated when he was sacked in July 2018 following a series of complaints by crew members.
The court heard that Mr Maxwell had been a retained firefighter for 27 years and served as captain of the Kurri Kurri 349 brigade for 20 years before he was initially suspended in 2016. There had been problems at the brigade since 2009.
Allegations included that Mr Maxwell singled out a female firefighter for having long fingernails, tried to make crew members available for 60 hours work a week, inappropriately denied pay, repeatedly questioned members' commitment to the job and suggested to some firefighters they might be in the wrong job. He was also accused of questioning crew members whereabouts and response times.
But NSW Industrial Relations Commissioner Peter Connor ruled last week that the dismissal, based off a Fire and Rescue NSW investigation, was unfair and the majority of allegations were unfounded.
He said the investigation was "deficient", Mr Maxwell had not been given enough information about the claims to defend himself and the investigator did not consider both sides of the story.
Commissioner Connor found three of 13 allegations amounted to bullying, but said the misconduct was not enough to sack Mr Maxwell.
Despite evidence from a senior Fire and Rescue NSW officer that "up to 50 per cent of the employees at Kurri Kurri brigade will leave" if Mr Maxwell returned as captain, Commissioner Connor ruled he should be reinstated.
He said Fire and Rescue NSW was aware Mr Maxwell was "not a good manager of people" and that Mr Maxwell had asked for help with his management skills.
"The findings which I have made against the applicant [Mr Maxwell] were not a matter warranting dismissal, particularly given the applicant's lengthy service and the evidence of Superintendent Windeatt of the applicant's technical skills...," he said.
"I have determined that there was no valid reason for the dismissal and these procedural defects add to the harshness of the dismissal."
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