Friday, March 2, 2012

Where is the Justice? Not in the Justice Dept!

Jerome MaGuire.
CEO of Justice.
A grand poobah scoring over $6500 per WEEK!

What should we expect from these taxpayer funded people.

Honesty? Know what they're talking about?

LEGISLATIVE COUNCIL BUDGET AND FINANCE COMMITTEE

Plaza Room, Parliament House, Adelaide
Friday 13 November 2009 at 2:20pm

With regard to the outcome of the Moss Inquiry, a Disciplinary Hearing where a most senior Public Trustee Executive had been accused and subsequently found guilty of rampant workplace bullying strewn across many years, the Committee Chair, Liberal Party Rob Lucas asked, in part:

7335 The CHAIRPERSON: What penalty, if any, was applied to him? The concern that has been expressed to me is what you have just indicated; that is, your department has negotiated a TVSP with Mr O'Neill. And so, after all the concerns that had been raised about his behaviour within Public Trustee, an inquiry by Mr Moss into his behaviour, found guilty of an offence or offences, there does not appear to have been any penalty, and not only wasn't there a penalty, the department has negotiated a TVSP with him.


Mr MAGUIRE: Perhaps we should come in there. There was a penalty, and I will take a risk here and I will advise the committee that Mr Moss imposed a reprimand upon Mr O'Neill and that went onto his file. That is the maximum penalty that could have been imposed at the conclusion of the disciplinary hearing. That occurred last year. The two are not related—and I want to make that clear to the committee. The penalty imposition in 2008 and a TVSP acceptance by Mr O'Neill in 2009 are not related. The Public Trustee offered the TVSP to Mr O'Neill and funded that TVSP, and Mr O'Neill took that TVSP. He was surplus to requirements in the Public Trustee.

Bounding ahead two years, to questioning about the Cartridgegate Affair, and what could happen to any public servant found to have benefited, by way of gifts, by purchasing over-priced printer cartridges:

LEGISLATIVE COUNCIL BUDGET AND FINANCE COMMITTEE

Plaza Room, Parliament House, Adelaide
Monday 31 October 2011 at 10:35am

6639 The CHAIRPERSON: What would that be—abuse of public office? What would be the nature of the criminal offence?


Mr MAGUIRE: It would obviously depend on what the nature of the offence was. I can't tell you, in law, what those offences would constitute without knowing the details, but if it is a criminal offence, it would be referred to the police. If it was a code of ethics matter, the Public Sector Act outlines the requirements that you are required to undertake. The individual would go through a disciplinary inquiry, and the results of this inquiry have a range of remedies from a reprimand right through to dismissal, but it really does depend on the circumstances of the matter that we are talking about.

As I reported in a previous Post, the Public Sector Act is very clear on this matter:

Section 58(5) of the then Public Sector Management Act 1995:


(5) If, on an inquiry under this section, the Chief Executive is satisfied on the balance of probabilities that the employee is liable to disciplinary action, then the Chief Executive may do one or more of the following:

(a) reprimand the employee;

(b) order that the leave entitlement of the employee be reduced by a specified amount;

(c) order that the employee be suspended from duty in the Public Service for a specified period with or without remuneration and, as the Chief Executive thinks fit, with or without accrual of rights in respect of recreation leave and long service leave;

(d) order that the salary of the employee be reduced by a specified amount for a specified period;

(e) recommend to the Governor—


(i) that the employee be transferred to some other position in the Public Service with a lower remuneration level; or

(ii) that the employee's employment in the Public Service be terminated.

The obvious question demands an answer. Is this a case of selective memory, bad memory, ignorance of the Act, or something more nefarious?

Could it be that due to Mr O'Neill's Executive classification that he was handed a get-out-of-jail card? It did take them about 6 years to deal with this man from the day I blew the whistle. At the same time they were very busy firing air-to-surface missiles my way.

The Act has not changed since 2009. Why did he cite it differently last November? Could it be that the public servants responsible for the cartridge purchases live down at the pleb level?

Considering the definition of the word mislead, did Mr MaGuire mislead the Select Committee in 2009?

Takes me back to saying that despite the mountain of corroborating evidence, a letter of reprimand was the paramount punishment on the day, and absolutely a slap in the face to the many who stuck out their necks battling the Public Trustee toxic workplace.

I want to know why the bully got off scott free?

There needs to be an Inquiry into the outcome of the Moss Inquiry. The findings of that Inquiry must be made public, not buried in the 45 Pirie Street basement. Mr MaGuire needs to answer  some hard, direct questions.

And while we're at it, I had a letter from the CEO guaranteeing the safety of my job during the lengthy internal investigations. Why did Mr MaGuire subsequently find me surplus to requirements?

HOW COME THE OTHER TWO BULLIES IDENTIFIED BY THE GOVERNMENT INVESTIGATIONS UNIT WERE NEVER DEALT WITH?

What became of the group of Public Trustee employees sprung on Today Tonight for circulating porn and smut through the government electronic network for many years?

I was fortunate to have a source close to the key players during the many investigations that came out of my whistleblowing. I KNOW what was discussed at some of the 45 Pirie Street meetings. And unless someone digs up a few skeletons, I will spill my guts.

And no doubt, as once before there will be threats to sue. Hey, I lost my job. My health is still buggered. Our home is gone. What you gonna do, have me for dinner? 

Strange though. I threw away years of my life fighting the system, pushing them to address the toxic workplace at Public Trustee. After those many years of government inaction, I took refuge under the Whistleblower's Act and appeared on Channel 7's Today Tonight. Hung the dirty clothes out.

ONE WEEK later I was swooped upon. The Government Investigations Unit was tasked to interview me to determine if I had breached my employment contract. That was when I quit, I felt I had no other option.

Years avoiding the corruption and bullying issues at an Executive level. One week to shaft me, the whistleblower.

I think that says it all!


11 comments:

Anonymous said...

Isn't it funny, we all know it goes on but there is not a thing we can do about it. My husband has undergone years of harassment and bullying at the hands of police, he has had a house searched, been charged for over 12 offences, every single one withdrawn, he is known on the police system as a violent offendwither never having been convicted of a violent offence, and there's not a thing we can do about it, because his ex wife the copper can do as she pleases. Because we are the common people we continuously get walked over. It's a Marxists society, the rules are made by the upper class to harm and control the lower classes.

Anonymous said...

Isn't it funny, we all know it goes on but there is not a thing we can do about it. My husband has undergone years of harassment and bullying at the hands of police, he has had a house searched, been charged for over 12 offences, every single one withdrawn, he is known on the police system as a violent offendwither never having been convicted of a violent offence, and there's not a thing we can do about it, because his ex wife the copper can do as she pleases. Because we are the common people we continuously get walked over. It's a Marxists society, the rules are made by the upper class to harm and control the lower classes.

Uncle Ed said...

Yep, I too was one of the many to suffer at the hands and whims of DON. He was well represented at the Moss enquiry by an expert in Industrial Law. Mr Maguire, please come clean and tell us who paid the bill for this representation.
Who appointed Mark and Roger and what did their short service cost PT? This whole lot is simmering, bring on the next election and FOI! All the best Robbo.

Anonymous said...

That department stinks through and through. I was in crown law for a while. You would shudder at the stories I could tell. Jerome and his personally selected group of women surrounding him have it all. All they are interested in are themselves and the comfy nests they have built around them. MaGuire goes to those committee hearings with total distain for those he reports to. You hit the nail on the head. He is an arrogant prick.

Bully victim in a state government department said...

Your story is amazing Rob. I dont know how you hung in there through all those years. We just put up with the bullying here. The psa has been useless. I dont know what our dues go toward but its certainly not representation. Useless union. In a way we get a lot of positives from you and your blog but you also confirm to us that no matter what we do or who we speak to in our department its all a waste of time. As for the politicians a greater waste of time. We could do with you in here my friend. K

Frustrated public servant said...

This is spot on Rob. These people lie and lie and lie. They have no respect or fear of the government. They live in a world of their own whilst governments come and go. What can we do? Nothing.

Anonymous said...

They jumped on you within a week yet ducked and weaves protecting their Senior Officer for years. Spot on Rob that says it all. Corruption.

ex workmate said...

Disgraceful behaviour by government management. I know that you fought and fought them for years. All you wanted was a peaceful place to work. From memory you told me you had dropped some court action if they agreed to bring in independent investigators. That you were returning to your job after the dust had settled. I remember that day when the police turned up looking for his computer. They didn't let you back. Did they. Last thing I heard you had been sent home because they couldn't find anywhere to put you. Unbelievable. You were great to work with Rob.

whistleblower said...

Hello Rob. I hear your pain my friend. Evil survives as usual. Management who treated you so badly are as guilty of sin as the bully you fought. Whistleblowers never ever come out on top. Proven time and time right across the globe. But we do need people with the strength to take on systems that ruin lives. You did get rid of him but I am wondering if the price you paid was way too much. Seems so to me anyway.

Anonymous said...

They punish the capable truth tellers and treat them to outrageous contempt by their actions.
And reward the ones who say yes yes yes and crawl to the incompetent managers J Maguire appointed.
Anyone who witnessed the way all of J Maguire's appointed women were allowed to run amok and create their own rules knows the monsters J Maguire created.
Now J Maguire has scattered his appointed women into the PS.
God help the PS but let's hope nothing will save this Government at the next election.

Anonymous said...

They would have to be the coldest of cold fish. Their friends in the cliques are safe. translates to support PAFC, bet like crazy at Tab and drink like a fish. If those things don't appeal then forget about promotion. Because the same yes people are the only ones the cliques ever recommend for promotion. And if an outsider
was promoted these cold fish would undermine him all the time.
If they decide they don't like someone then that guy will be undermined constantly. Rob you exposed the pricks. They didn't like being exposed for what they are. Retiring was the best thing I ever did. CYA mate.