Registered nurse brings unfair dismissal claim
A Registered Nurse (RN) employed by Ramsay Health Care Australia Pty Ltd was employed from 1 July 2009 until she resigned from her employment on 28 January 2021.
The RN contends she was forced to resign because of conduct or a course of conduct engaged in by her employer and was thereby unfairly dismissed. Consequently, she brought an unfair dismissal application against Ramsay Health Care, alleging she was bullied and treated inappropriately by her manager.
Ramsay Health Care objected to the application, and submitted that the RN was neither dismissed nor forced to resign from her employment but rather resigned voluntarily.
On the 22 of January 2021, Ramsay Health Care wrote to the RN expressing their concerns about her competency to perform her required duties. They requested the RN attend a meeting to discuss and clarify her understanding about the inherent requirements of her role.
However, on 24 January 2021, the RN refused to attend the meeting, and sent an email back to Ramsay Health Care outlining bullying allegations.
On the 27 January 2021, Ramsay Health Care replied to the RN’s email without addressing the allegations. Because of this, the RN emailed her resignation on 28 January 2021 giving two weeks’ notice. Ramsay Health Care maintains that the RN voluntarily resigned.
Before the substantive hearing, the RN sought evidence against Ramsay Health Care including the production of documents, and orders requiring the attendance of human resource managers at the hearing.
The member held that the true reason the RN had called the human resource managers as witnesses, was to determine what, if any advice was provided by them to Ramsay Health Care that she alleged resulted in her being forced to resign. It was held that this was not an appropriate reason for requiring witnesses.
Further, the Commission held that the letter Ramsay Health Care sent to the RN on 22 January 2021 expressing competency concerns was not unreasonable. The RN’s refusal was not reasonable, particularly as other employees received a letter expressing competency concerns of a similar nature to those raised with the RN.
The Commission found there was no denial of procedural fairness and that the RN could have attended to the meeting.
In regards to the accusations of bullying made by the RN, the Commission found that although Ramsay Health Care failed to consider the RN’s email outlining the allegations, Ramsay Health Care had elected, but ‘Resignation to escape a difficult or unpleasant situation in a workplace will not amount to dismissal where the employee has other options besides resignation.’
Ultimately, the Commission held the RN was not forced to resign and her unfair application was dismissed.
This case also highlights the importance of seeking advice, and the prudence of relying on the advice of external advisors when dismissing an employee.
We encourage you to contact our Workplace Relations Team on (07) 3872 2222 or at workplacerelations@amaq.com.au.