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The Andrew Baker - Graham Evans Investigation:
The Second Reprisal

Dr Michael Cole formed the opinion that being found ‘Unsatisfactory’ by Professor William
Tarnow Mordi and Professor Peter Illingworth in the 2004 Staff appraisal and
performance improvement plan were reprisals (bullying) aimed to silence his
whistleblowing about Professor Tarnow Mordi’s
lack of medical competence
  and resulting harm to babies
 in the neonatal unit at Westmead Hospital.

Dr Cole believed that the inappropriate use of the performance appraisal process to
negatively target him was an “unreasonable administrative sanction”and was therefore
a reprisal and bullying.

In March 2005 Dr Cole wrote to both Tarnow Mordi and Illingworth informing them
that he found their behaviour threatening and intimidating (bullying). Dr Cole also
documented his concern that they had not acted on information documenting actual
harm to babies in the neonatal unit, had not acted appropriately on information that
some consultants were not contactable or available when on-call after hours for the
care of babies, and that some consultants felt that they were being encouraged by
Tarnow Mordi to bill patients in a manner that the consultants felt was fraudulent.

These letters were passed to Dr Andrew Baker, medical administration, for
investigation.

Andrew Baker was joined by Mr Graham Evans. 

Graham Evans is an HR consultant for the O’Connell Group, O’Connell St Sydney
and Mercury Commercial, Hunter St Sydney, whose advertised services include,
ironically, expertise in bullying and harassment.

Baker and Evans produced a report in June 2006, the Baker-Evans report.

Jane Gordon, Professor of nursing and director of clinical operations at Westmead Hospital,
Andrew Baker and Graham Evans informed Dr Cole that the Baker-Evans investigation had found:

·  That Dr Cole had not been found unsatisfactory, and

·  Therefore there was no bullying, and

·  That no feedback about the other concerns in the letters would be provided (the Baker-
    Evans Report).

Dr Gordon refused to discuss this misrepresentation. Dr Cole had obviously been found unsatisfactory. He remained of the opinion that the staff appraisal process had been used as a bullying exercise to silence him.

Dr Gordon did not reply to questions about this and the other issues put to her by ASMOF the union representing Dr Cole.

Dr Cole has never been shown or given a right of reply to the Baker-Evans report though it has been used against him in subsequent findings, investigations and proceedings.

In Dr Cole’s opinion the Andrew Baker - Graham Evans report was a whitewash. It appeared not to address the documented harm being done to babies in the neonatal unit or Professor Tarnow Mordi’s lack of clinical competence. Dr Cole believed it was obvious that he was targeted by Tarnow Mordi and his supporters.

Professor Tarnow Mordi agreed in writing that he could not document a single case in which
Dr Cole had changed other consultant’s management unnecessarily. The Baker-Evans report
did not address the fact that Tarnow Mordi had agreed that this complaint was manufactured and untrue. On the contrary this allegation was frequently remade (untruthfully) at subsequent disciplinary investigations as though it was an established fact and was fed to Tudehope and Bredemyer in 2008 when they reviewed clinical competence in the unit.

Andrew Baker then met with Tarnow Mordi and Jo Karnaghan deputy director medical administration, and probably others, and they decided that Tarnow Mordi should performance manage Dr Cole.

There was still no complaint to warrant Dr Cole being placed on a performance management plan (PIP). A performance management plan should properly follow a valid complaint. On this occasion Dr Cole opines that Baker, Tarnow Mordi, Karnaghan and other managers first decided to impose a performance management plan (to target him) and then Tarnow Mordi was tasked to find a suitable complaint.


*******

An unreasonable administrative sanction is defined as bullying according to Westmead Hospital’s own anti-bullying policies which are in line with the department of Health’s anti-bullying policy.
http://www.health.nsw.gov.au/policies/PD/2005/PD2005_223.html



Gifts which are more than a token or a conflict of interest should be refused according to Westmead Hospital’s (Local Health Network’s) Code of Conduct.


Dr Andrew Baker did not take up an offer to correct or comment on this page.

Mr Graham Evans, of Mercury Commecial, was invited to correct or comment on this page and responded:

"my report was handed over to NSW Health years ago ... I believe it would be improper for me to make comments about this issue now."



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