C-119 - Conduct Authority Decision

The Appellant appealed the decision of the Conduct Authority (Respondent) who found that she contravened section 6.1 (Conflict of interest) of the Code of Conduct by engaging in secondary employment without approval, and section 3.3 (Lawful orders) by failing to comply with a direction to cease this employment without first obtaining proper authorization.

The Appellant submitted that the decision on the allegations is clearly unreasonable because it failed to address relevant and key evidence, and contains insufficient reasons. The Appellant also submitted that the conduct measures are clearly unreasonable for the following reasons: the Respondent erred in identifying the normal range as the appropriate range of conduct measures, he failed to consider five mitigating factors, and his decision to impose a non-relocation reassignment was punitive, disproportionate and lacked sufficient reasons.

The ERC found that the Appellant did not establish that the Respondent failed to address relevant and key evidence, nor that he provided insufficient reasons. Concerning the conduct measures, the ERC found that the Appellant did not establish that they were unreasonable. Nonetheless, the ERC stressed the importance for conduct authorities to provide sufficient reasons supporting the conduct measures imposed.

The ERC recommended that the appeal be dismissed.

The Adjudicator agreed with the ERC Findings and Recommendations and as such, adopted the ERC Findings and Recommendations in their entirety as their reasons for concluding for that this appeal be dismissed.