Worker argues incident was unintentional amid claims of workplace harassment and bias
The Fair Work Commission (FWC) recently examined an unfair dismissal claim involving a registered nurse who argued her dismissal was unfair following an incident where she accidentally defibrillated a conscious patient.
The case arose when the worker was dismissed after the health service lost "trust and confidence" in her ability following the July 2024 incident, which occurred while she was completing a postgraduate critical care nursing program.
The worker argued the dismissal was unfair because it followed months of alleged bullying, harassment and micromanagement, and that the defibrillation incident was unintentional. She maintained that she had been subjected to differential treatment and discrimination during her training program, with inadequate support provided compared to her colleagues.
The employer contested the worker's claim, arguing the dismissal was justified due to the serious nature of the defibrillation incident combined with ongoing performance concerns and the worker's lack of insight into the severity of her actions. The health service maintained that the worker posed a risk to patient safety and had failed to demonstrate understanding of the clinical standards required for her role.
The employment relationship involved a worker employed as a registered nurse since March 2021 at a large public health service in...
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