Application to review TRANSFER (discipline) –– s.146(1)(g) of the Victoria Police Act 2013 –– allegation Applicant included misleading information on application for promotion (upgrading , KSC example) –– charge denied, Inquiry Officer found Applicant did not intend to mislead, was not dishonest, but was misleading and “improper conduct” therefore proved; transfer imposed due to workplace issues, Workcover hearing, and Applicant raising concerns about inquiry process.
ON REVIEW: Board found Applicant did not intentionally or recklessly mislead and was not dishonest; part was incorrectly completed but not “improper”; KSC example made subjective claims about quality and value, but not dishonest; no requirement in form to have manager verify examples before lodgement –– BOARD FINDS CHARGE NOT PROVEN, sets aside transfer –– Board observes transfer based on issues unrelated to discipline, outside of role of Inquiry Officer; without fair process; for reasons including the Applicant’s exercise of workplace rights (contrary to public interest).
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