Paramedic Eamonn Purcell reinstated as duty operations manager after fighting misconduct allegations

Eamonn Purcell was stood down as the duty operations manager of the NSW Ambulance Murrumbidgee Zone in December after another paramedic accused him of breaching the NSW Health code of conduct.

Mr Purcell - who has worked for NSW Ambulance since 1996 and was appointed duty operations manager in 2003 - appealed the decision in the NSW Industrial Relations Commission.

The IRC heard evidence of a "toxic" workplace culture at Wagga's ambulance station at the time the misconduct allegations were made.

The claims included that Mr Purcell made unnecessary and deliberate physical contact with the paramedic on two occasions in November, and in doing so "failed to act in a way that promotes harmonious and productive working relationships".

In one incident, he was accused of walking into the paramedic and bumping the back of his head while he was seated in the administration area of Wagga Base Hospital. He then allegedly used a chair to deliberately and repeatedly hit a chair occupied by the paramedic.

In the other incident, Mr Purcell was accused of dropping his shoulder and making contact with the paramedic's arm near his abdomen area as he walked past at the station, before apologising in a "joking and belittling manner".

IN OTHER NEWS:

NSW Ambulance director of clinical operations (sectors) Tony Gately advised Mr Purcell of the allegations and an investigation began.

Mr Purcell told Mr Gately that he did not make physical contact with the paramedic at the hospital and did not push his chair repeatedly into the paramedic's chair.

Mr Purcell also denied veering towards the paramedic or dropping his shoulder, rather that he brushed past him in a corridor and immediately apologised.

The investigation, headed by Trevor Cheung from NSW Ambulance's Professional Standards Unit, found that neither allegation was substantiated due to insufficient or inconclusive information.

However, the IRC heard Mr Cheung was persuaded Mr Purcell did hit the chair with his chair repeatedly, but was unable to conclude the conduct met the "requisite level of seriousness".

The IRC heard the allegations were raised in the context of "the apparent ongoing cultural issues" at the Wagga ambulance station, which were the subject of a cultural review and action plan.

In April, Mr Gately found the allegation regarding the use of the chair was substantiated and said it amounted to misconduct.

Mr Purcell was stood down as duty operations manager and his position was reclassified for 12 months. He appealed the decision in the IRC.

During a two-day hearing before Commissioner John Murphy last month, the commission heard evidence from a number of witnesses about the "toxic" workplace culture that existed at the Wagga ambulance station.

"It appears that there were two opposing 'camps' of employees," Commissioner Murphy said, adding the complainant was in one camp and Mr Purcell in the other.

The commission heard the action plan, which commenced in April last year, was designed to "provide structured and coherent management of identified workplace conflict; and performance and behavioural concerns involving staff and managers".

In handing down his decision, Commissioner Murphy said there was insufficient evidence on the balance of probabilities to suggest that Mr Purcell made unnecessary and deliberate physical contact with the paramedic by walking into him and bumping the back of his head while he was seated.

The commissioner said he was not persuaded to the required standard that Mr Purcell deliberately made contact with the paramedic's chair with another chair or otherwise.

He also determined the allegation of shoulder contact was not substantiated, stating the extent of the contact was "slight and accidental".

Commissioner Murphy allowed the appeal and quashed the disciplinary action.

He ordered Mr Purcell be restored to his previous classification of duty operations manager for the Murrumbidgee Zone from October 12.