Queensland Industrial Court vice-president Dianne Linnane.
A
secret investigation has been ordered into allegations of workplace
bullying against one of Queensland’s most senior industrial umpires.
The high-ranking official within a Queensland government agency pockets $400,000 a year.
Justice
Department deputy director-general Simon Blackwood commissioned the
almost unprecedented independent probe into Queensland Industrial Court
vice-president Dianne Linnane after she allegedly bullied a fellow
judicial officer.
Melbourne lawyer
Barry Sherriff has been quietly conducting interviews for months, after
being asked to investigate whether Ms Linnane — who is paid an annual
base salary of nearly $400,000 and has tenure until she is 70 — breached
the state’s Work Health and Safety Act.
She is alleged to have bullied Industrial Court commissioner Minna Knight.
The
judicial officers serve on the Industrial Court and Queensland
Industrial Relations Commission, which are responsible for resolving
workplace disputes. The Australian understands Ms Linnane denies the allegations being investigated by Mr Sherriff and is considering legal options.
The Australian is
not suggesting Ms Linnane engaged in the conduct, only that she is
being investigated for it. She did not respond to questions from this
paper put through the court’s registry yesterday.
The case is highly sensitive for the state, given judges’ right to immunity from prosecution and the separation of powers.
It is doubtful any action could be taken against Ms Linnane by the government even if the allegations were proven.
Under
Queensland law, the only way to remove a judicial officer from their
office is for the governor to order the removal after a vote of
parliament for “mental or physical incapacity” or “misbehaviour”.
It
is unlikely that bullying allegations against Ms Linnane would justify
such an action, and Mr Sherriff is not conducting a general
investigation into her fitness as a judicial officer. Under the
Industrial Relations Act, judicial officers such as Ms Linnane are
afforded immunities similar to Supreme Court judges for performing
their duties.
The Linnane stoush spilt
into the courtroom recently when Industrial Court president and Supreme
Court judge Glenn Martin was forced to order Ms Linnane be removed
from hearing an unrelated case in which Dr Blackwood would be a key
witness.
The case involved public
servant Alain D’Hotman De Villiers, who was sacked by Dr Blackwood from
the Office of Industrial Relations. Lawyers for both the bureaucrat and
the government asked Ms Linnane to recuse herself after she agreed to
sign a notice ordering the production of documents.
The
notice required the production of documents “showing Simon Blackwood’s
involvement in responding to any complaint or complaints” about or
involving Ms Linnane in the past five years, and all documents relating
to the appointment of an investigator of any such complaints.
In
a two-minute hearing in late October, Ms Linnane refused to hear
arguments that she should recuse herself for apprehended bias. The
government and Mr De Villiers’s lawyers appealed, and Justice Martin
ruled on November 3 that she be recused because “the necessary ground
for establishing apprehended bias has clearly been made out”.
When contacted by The Australian to
give Ms Linnane a right of reply, her solicitor, Glen Cranny, said “it
would not be appropriate to comment further at this point in time”.
Commissioner Knight and Dr Blackwood declined to comment.
Industrial
Relations Minister Grace Grace said she was “aware” of the independent
investigation but it was “the sole responsibility of the department”.
Aged
in her mid-60s, Ms Linnane was appointed to both the Queensland
Industrial Relations Commission and the Industrial Court by the Beattie
Labor government in 1999 after a career as a barrister.
In 2010, Right to Information documents obtained by The Courier-Mail
revealed a long-running stoush between Ms Linnane and then-commissioner
Don Brown, in which she ordered him not to enter the commission’s
tearoom, library and his own chambers.
Source: http://www.theaustralian.com.au/national-affairs/industrial-relations/industrial-umpire-dianne-linnane-faces-workplace-bullying-claim/news-story/a81914f2f31ea23c96e6f58b88b13fcb
Also: http://finance.nine.com.au/2016/11/15/10/04/queensland-official-investigated-over-workplace-bullying-claim