Public servant who mocked German co-worker loses workplace appeal
Nikki Hornberg, a project costing officer with TMR in Warwick, took her case to the Queensland Industrial Relations Commission after a penalty of reprimand was imposed and she was ordered to do additional training.
An independent investigation into Hornberg's actions revealed that between March and December 2023, she made disrespectful comments about a co-worker, including referring to her as 'Helga' and stating 'nein, nein', or words to that effect.
The co-worker was a German woman.
In the decision, handed down on July 17, the QIRC said many of Hornberg's submissions and grounds in her appeal notice were irrelevant or misconceived. She claimed 'the decision was made on the balance of probabilities, not factual evidence', and that the interviewer used 'persuasive and suggestive tactics'.
'Suffice to say that, despite some flaws in the investigation process, there was more than adequate evidence of the impugned conduct. This included Hornberg's own admission,' Industrial Commissioner John Dwyer said.
Hornberg contended her case should have been dealt with as a performance issue at a local level instead of as a disciplinary issue.
Dwyer found the decision for disciplinary action was fair and reasonable, and found no difficulty with the characterisation of her actions as 'misconduct'.
Dwyer said Hornberg conceded she used the name 'Helga' in reference to her co-worker, who she clashed with over an entry in a timesheet.
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