Case Win: Navigating Unfair Dismissals

Advocacy & Support for Nurses

In the workplace unfair dismissal is a topic that strikes at the core of workplace justice and employee rights. 

Caitlin, a member of the NPAA Queensland branch, is one of many who have experienced abrupt termination without just cause or due process. 

Caitlin raised serious concerns to management over a prolonged period regarding the conduct of a colleague whose behaviour was characterised by repeated instances of unprofessionalism and harassment. This included making sexually explicit jokes, commenting on personal appearance and dietary choices, engaging in confrontational interactions, and displaying a lack of respect for workplace boundaries.

Despite Caitlin’s efforts to bring these concerns to management’s attention, little was done to address or rectify her colleague’s behaviour. Instead, Caitlin found herself summoned to numerous meetings purportedly to address the issues raised, culminating in her unexpected termination without due process.

Her termination prompted Caitlin to lodge an unfair dismissal claim, citing concerns over procedural irregularities and a lack of proper investigation into the allegations against her. Not knowing what further actions to take Amanda sought the advice of NPAA. 

With the support of Caitlins’s assigned case manager a conciliation session took place where efforts were made to resolve the dispute and facilitate a mediated resolution between Caitlin and her employer. During the conciliation process, an agreement was reached wherein both parties committed to settling the matter. Caitlins’s lawyers drafted a Deed of Release, offering a settlement amount of $4000. Recognising additional discrepancies, our case manager identified a potential small claim related to the unfair dismissal and underpayment issues.

Beyond the unfair dismissal, Caitlin faced challenges regarding pay rate reductions and contractual discrepancies. Despite advocating for fair compensation aligned with her responsibilities, the resulting contract failed to reflect the agreed-upon terms, placing her at a lower pay scale.

In response, NPAA presented a letter of compromise and an amended Deed of Release proposing a new settlement amount of $8,750 to account for the underpayment. After negotiations, the revised settlement amount was agreed upon on a commercial basis, without admitting liability.

With the Deed of Release duly executed by both parties, the settlement amount is set to be paid to Caitlin, signalling the end of the dispute. Following the payment, a Notice to Discontinue will be filed, officially closing the matter of termination and associated claims.

How is the NPAA so effective in defending members during workplace issues and disputes? Our experienced and professional case managers use our unique RED™ case resolution system.

Why is the NPAA different? We believe that real change in healthcare STARTS with empowering frontline nurses, not bureaucrats. 

If you are a member of NPAA and need assistance with a workplace issue, please submit a member support ticket on your dashboard, or contact us at 1300 263 374 - hotline@npaa.asn.au

To find out more about NPAA and become protected today visit: npaa.redunion.com.au/join

The name of the member in this article has been changed for confidentiality reasons.