A medical (GP) recently faced the WA Medical Board (Board) after complaints from two receptionists employed on a casual basis at his northern suburbs medical practice.
The GP has been practising since 1986 and appears to have never been the subject of a complaint. The incidents took place in 2022. The complainant did not bring these incidents to the attention of the GP. The GP appears not to have retained legal counsel and accepted the findings.
The first complainant is a 22 year old female casual receptionist. The Board held that the GP communicated with her in an unprofessional manner by saying “… sit there and look
pretty…”
In the second complaint the Board held unprofessional contact when the GP entered a corridor in which the receptionist was standing. In moving past the complainant his hand made contact with her buttock on the outside of her clothing. The GP held that this was an accident.
The second complainant is a receptionist 19 year old female casual receptionist. The Board held that the GP communicated with her in an unprofessional manner by saying: “… she looked youthful and beautiful …”.
The second complaint by the second complainant arose from the GP placing his fig tips on the second receptionist waste to indicate to her to move to the side so he could get past
her. The Board held that this was e
No Evidence Of A Complaint To The Police
It is interesting though that that there’s no evidence of a complaint by the receptionist to police and certainly the GP was not interviewed by police. It seems that the complaint was referred to the Board and the matter went from there to the SAT. There is no evidence that the GP was legally represented but in fact had acquiesced to the complaints in words to the effect that his behaviour was wanting. Read the SAT finding here.
When Does Behaviour Become An Offence?
The question here for all employers and employees is where the boundary line is for what is regarded as appropriate and inappropriate behaviour. As lawyers, we know for certainty when behaviours are unlawful. For everyone else, you take an educated guess as to whether the impugned behaviour would attract the attention of the police if a complaint was made.
What is more difficult is whether touching another staff member, for example, to alert that staff member to move aside is inappropriate. You might conclude that the standard of what is appropriate is so low that prudent advice would be to have no physical contact with anyone in the office or further afield what so ever. Sadly this is what society has come to.
