A court has dismissed a former Canberra Hospital clinical director's claims her employer tried to silence her whistleblowing efforts related to work health and safety concerns.
Subscribe now for unlimited access.
or signup to continue reading
In 2022, Dr Brownyn Avard launched Federal Court proceedings alleging her employer took adverse actions against her between November 2021 and July 2022 after she made formal complaints related to work health and safety issues.
In addition, Dr Avard had alleged the government's actions breached the Fair Work Act 2009 and amount to attempting to silence a whistleblower.
At the time, Dr Avard was the Intensive Care Unit clinical director at the Canberra Hospital.
On Friday, Justice Geoffrey Kennett dismissed the case, finding Dr Avard was not entitled to damages and her employer had not taken adverse actions against her.
In addition to the government, Dr Avard's claim also named hospital executives Lisa Gilmore, Cathie O'Neill, and Janet Zagari as respondents.
The court case stemmed from four incident reports Dr Avard lodged in the hospital's health and safety reporting system in November 2021.
She stated she had suffered vicarious trauma from a series of incidents and had "persistent flashbacks and nightmares, intrusive thoughts and poor sleep/nightmares" as a result.
Shortly after this, she was directed to undergo an independent medical examination, and told not to attend the workplace until the report had been provided and considered.
The government said these directions were issued because Dr Avard had put the health services on notice, via her safety reports, that her wellbeing had been adversely affected in the previous several weeks.
A psychiatric examination found Dr Avard medically fit to perform her role.
Dr Avard told the psychiatrist she had "over-described things" and submitted the incident reports "in an emotional way".
She stated she had overreacted in her language "to raise awareness".
What followed was a series of investigations into Dr Avard, alleging clinical misconduct.
During these investigations, she was initially suspended and then then placed on long service leave on the condition she not enter the workplace.
Among allegations of misconduct, Dr Avard was accused of abandoning a patient during the terminal phase of her care.
She was also accused of acting in an unreasonable manner towards staff and creating an unsafe environment for employees and patients.
However, no findings were made against Dr Avard.
In July 2023, an independent investigator wrote to Canberra Health Services stating there was "insufficient evidence to conclude on the balance of probabilities" Dr Avard had acted in the manner alleged.
"While I have not identified any findings of misconduct, I suggest there are indications that Dr Avard, at times, might give more emphasis to the importance of relationship management and team building in her communication with other staff, particularly given the demands on all ICU staff," they stated.
In July 2023, having resigned from her position as clinical director, Dr Avard was allowed to return as a senior specialist in the ICU. The court is yet to rule on costs.
