| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 14/08 |
| Hearing date | 31 Jul 2007 - 1 Aug 2007 (2 days) |
| Determination date | 08 February 2008 |
| Member | G J Wood |
| Representation | R Roil ; C Reaich |
| Location | Wellington |
| Parties | McDowall v Hunt Healthcare Group Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant asked to take on acting charge nurse (“CN”) position while charge nurse on sick leave for two month period – Acting CN duties undertaken in addition to normal registered nurse duties – Respondent intended restructure to disestablish nurse manager (“NM”) and CN roles – New position of Clinical Services Manager “CSM” to replace NM and CN positions – Creation of CSM did not directly affect applicant’s registered nurse position – Disestablishment of position a prospect but had not occurred at time applicant took up acting CN position – Respondent’s operations manager (“C”) based herself at applicant’s worksite due to absence of NM and normal CN – Authority did not accept applicant’s claim that stressed and exhausted because of unfair treatment by respondent – C became aware of first incident where applicant provided tablet to patient although law required prescription by medical practitioner – Authority found incident demonstrated applicant’s lack of understanding of scope of practice – C failed to deal with incident in disciplinary context and instead personally counselled applicant – Second incident where applicant’s cover discovered diabetic patient (“T”) did not have drug chart prescribed by medical practitioner – Evident that insulin incorrectly dispensed to T – C contacted applicant about drug chart and applicant argued drug chart used from T’s previous home – Authority found applicant did not understand not appropriate to use drug chart not prescribed by T’s current doctor (“D”) – Found clear applicant did not understand clear legislative medication administration requirements – Applicant called to disciplinary meeting to discuss incidents – Applicant argued incidents due to fact respondent never had diabetic patient before and staff insufficiently trained to handle scenario – Meeting reconvened where applicant given opportunity to comment and C gave preliminary assessment and conclusions – C considered applicant’s actions reckless and dangerous and applicant had not personally acknowledged any wrongdoing – C stated no confidence in applicant and should be summarily dismissed – Applicant responded co-workers also responsible and wanted opportunity to question all witnesses involved – C called another adjournment then confirmed summary dismissal – C sought assessment of applicant’s actions from Competence Review Panel which found applicant’s actions did not meet required standards of competence for a registered nurse but did not pose risk of serious harm to public – Authority found C entitled to conclude problems raised showed applicant did not meet competence standards for a registered nurse – Dismissal an option reasonably open to respondent given responsibility to ensure nursing staff competent – Applicant primarily responsible for major error in failing to notice absence of chart and subsequently contacting D – Respondent entitled to treat applicant differently from other nurses as applicant experienced senior nurse in position of responsibility – Dismissal justified – Acting charge nurse |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | Chief Executive of the Department of Inland Revenue v Buchanan [2005] 1 ERNZ 767;(CA) |
| Number of Pages | 10 |
| PDF File Link: | wa 14_08.pdf [pdf 46 KB] |