LLOYD AND THE AUSTRALIAN NURSING FEDERATION (VICTORIAN BRANCH) -v- MILDURA BASE HOSPITAL [1997] IRCA 89

DECISION NO:89/97 C A T C H W O R D S INDUSTRIAL LAW - termination of employment - serious misconduct - employer's honest belief of misconduct held on reasonable grounds after sufficient enquiry - Applicant responsible for management of nursing home - Applicant not personally involved in any patient abuse or in any other inappropriate conduct directly involving residents of nursing home, reasonable grounds for concluding that Applicant involved in mismanagement to a degree which constituted misconduct Workplace Relations Act 1996 ss.170DB, 170DC, 170DE, 170EA CASES: Sangwin v Imogen Pty Ltd (IRCA, unreported, 8 March 1996, von Doussa J) Bi-Lo Pty Ltd v Hooper (1994) 53 IR 224. Puccio v Catholic Education Office and Another (unreported, IRCA, von Doussa J, 17 May 1996)

Selvachandran v Peteron Plastics Pty Ltd, (1995) 62 IR 371 and 373.

DIANNE JUDITH LLOYD AND THE AUSTRALIAN NURSING FEDERATION (VICTORIAN BRANCH) -v- MILDURA BASE HOSPITAL No. VI-1262 of 1996 Before: Ryan JR Place: Melbourne Date: 6 March 1997 INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI-1262 of 1996 B E T W E E N : LLOYD & THE AUSTRALIAN NURSING FEDERATION Applicant AND MILDURA BASE HOSPITAL Respondent MINUTES OF ORDERS Judicial Registrar Ryan 6 March 1997 THE COURT ORDERS: 1. That the application be dismissed. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules. INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY VI-1262 of 1996 B E T W E E N : LLOYD & THE AUSTRALIAN NURSING FEDERATION Applicant AND MILDURA BASE HOSPITAL Respondent Before: Ryan JR Place: Melbourne Date: 6 March 1997 REASONS FOR JUDGMENT THE APPLICATION This is an application for relief in respect of termination of employment. The application was lodged by the Australian Nursing Federation (Victorian Branch) (the Union) on behalf of Dianne Lloyd (the Applicant). THE DISMISSAL On 3 February 1996 the Chief Executive Officer of the Mildura Base Hospital advised the Applicant in writing that her employment as a Charge Nurse had been terminated immediately "for serious and wilful misconduct". The grounds for the decision were stated in the letter to be: · failure to fully investigate issues when presented and include residents and/or relatives in the process of investigation and failure to act as a Charge Nurse