Health Alert (Australia) - June 16, 2014


In This Issue:

Judgments; Legislation; and Reports.

- Except from Judgments:

New South Wales -

12 June 2014 - Rosten v Mid North Coast Local Health District [2014] NSWIRComm 29 -

This was an unfair dismissal claim made by a nurse against a hospital heard by the New South Wales (NSW) Industrial Relations Commission. The nurse was summarily terminated from her employment at the hospital on the basis of misconduct.

The hospital had formed the view that the nurse had abused a patient by slapping her across the face twice, manually handling the patient in a rough and uncaring manner and referred to her in a derogatory manner during a night shift. The nurse denies that these events occurred and asserted the patient was mistaken in her complaint. The decision maker of the hospital acknowledged he had accepted the information made in the complaint without an independent inquiry and had not seen the complete medical records...

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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