Claire Button v Wesley Central Mission [1995] IRCA 133

Claire Button v Wesley Central Mission [1995] IRCA 133

The employer had a valid reason to dismiss the applicant because she failed to administer both Mogodon and Clobazam to the respite resident and failed to rectify the drug chart. The failure to administer an anti-convulsant prescribed for a patient with a serious form of epilepsy was a serious omission, and the fact that no harm came to the resident was irrelevant. The respondent did not breach the Nurses (Victorian) Health Services Award 1992, the conduct amounted to conduct leading to summary dismissal despite the absence of a third or final warning, and the respondent complied with sections 170DC and 170DE of the Act.

Jurisdiction
Australia
Judgment Date
31 March 1995
Procedural Posture
Industrial Law Termination of Employment / Reasons for Judgment and Minutes of Order on Application
Outcome
Application dismissed.
Legal Topics
['termination of Employment' 'serious Misconduct' 'summary Dismissal' 'failure to Administer Medication' 'drug Chart Records' 'nurses (victorian) Health Services Award 1992' 'industrial Relations Act 1988 Ss.170 DC, 170 DE and 170 Ee']
['industrial Law' 'employment Law'] ['termination of Employment' 'serious Misconduct' 'summary Dismissal' 'failure to Administer Medication' 'drug Chart Records' 'nurses (victorian) Health Services Award 1992' 'industrial Relations Act 1988 Ss.170 Dc, 170 DE and 170 Ee']

Case Brief

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Procedural Posture

Industrial Law Termination of Employment / Reasons for Judgment and Minutes of Order on Application

Legal Issues

  1. 1 ['Whether the respondent had a valid reason to dismiss the applicant for failure to dispense medication and failure to correct the drug chart.' 'Whether the respondent breached the Nurses (Victorian) Health Services Award 1992.' 'Whether the respondent complied with sections 170DC and 170DE of the Industrial Relations Act 1988.']

Ratio Decidendi

The employer had a valid reason to dismiss the applicant because she failed to administer both Mogodon and Clobazam to the respite resident and failed to rectify the drug chart. The failure to administer an anti-convulsant prescribed for a patient with a serious form of epilepsy was a serious omission, and the fact that no harm came to the resident was irrelevant. The respondent did not breach the Nurses (Victorian) Health Services Award 1992, the conduct amounted to conduct leading to summary dismissal despite the absence of a third or final warning, and the respondent complied with sections 170DC and 170DE of the Act.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.']