Nurse dismissed for giving leftover Pfizer vaccine to relatives

A Sydney aged care nurse was dismissed for giving soon-to-expire doses of the Pfizer COVID-19 vaccine to three of her relatives.

The aged care nurse was working for Healthcare Australia (HCA) when she gave the three soon-to-be expired Pfizer vaccines to her daughter and two nephews.

Pfizer has not been readily available in NSW, whereas the state has significant supply of AstraZeneca for the population.

She told a radio station she believes she did the right thing, further attesting that in reference to the uptake of vaccines, ‘…part of the code of conduct is to be smart and cost-effective …’.

The Federal Government’s policy regarding excess doses states leftover doses should first be used on individuals able to provide on-the-spot consent. Only after this, can practices allocate excess doses to vaccination staff, aged care facility staff, residents' family members or carers, and any other regular visitors.

HCA said the reason for dismissing the nurse was related to failing to comply with current procedures of the Federal Department of Health.

"In the event that there is still excess that cannot be used on eligible individuals as determined by the Commonwealth, HCA follow the government policy for disposal," a spokeswoman said.

The Chief Medical Officer of New South Wales , Dr Kerry Chant, stated she was not in a position to be aware of the case, and therefore declined to comment whether the nurse should be reinstated with HCA.

"All I would like to stress is I do not want any wastage of Pfizer," Dr Chant told reporters on Monday.

It will be interesting to see whether this employee brings any claim against her employer relating to her dismissal. If a tribunal or court makes a determination in relation to this matter, it will set a new precedent for how employers are expected to manage these situations.

We will continue to watch this case and provide you any news or updates.

From a HR perspective, the outcome might have been different for this employee had there been open dialogue between her and her employer prior to the use of these vaccines.

Please contact our Workplace Relations Team on (07) 3872 2222 or at workplacerelations@amaq.com.au, if you have any further questions or concerns regarding the specific case above, or additional matters related to your workplace.