Nurse disputes serious misconduct findings despite concerns over competency
The Fair Work Commission (FWC) recently examined an unfair dismissal claim involving a graduate nurse who argued his dismissal was unjust despite allegations of serious misconduct relating to patient safety.
The case arose when the worker was dismissed for alleged conduct causing serious and imminent risk to patient health and safety, including numerous instances of professional care falling well short of clinical standards expected of a graduate nurse.
The worker argued his dismissal was unfair, maintaining that the alleged misconduct did not occur as described and that various procedural fairness concerns undermined the validity of his termination.
He contended that witnesses against him were biased and that the employer's decision-making process was flawed by confirmation bias rather than objective evidence.
The employer contested the worker's claim, arguing the dismissal was justified due to the worker's inability to safely and competently perform nursing duties despite extensive support and supervision.
The health service maintained that the worker's conduct demonstrated he was a risk to patient safety if left without direct and continual supervision, constituting serious misconduct warranting dismissal.
The employment relationship involved a worker who began as a Registered Undergraduate Student of Nursing in March 2022 at a public health network,...
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