Transforming Termination into Resignation with Compensation
For nurses or midwives working in Healthcare in Australia, an unexpected threat of termination of employment is a big shock. As a nurse or midwife, you’re an expert in looking after people (and basically running the whole hospital) so it’s not fair to expect you to become an expert in industrial relations overnight. That’s where your membership with the NPAA comes in handy. This blog sheds light on Nancy's story, a seasoned nurse with over 30 years of experience and a member of the NPAA New South Wales branch (NPAN), who faced a sudden and unjust termination.
The Unfortunate Turn of Events:
Nancy, having dealt with personal challenges and verbal abuse from a patient, took approved time off for personal and sick leave. Upon her return, she found herself in a meeting with HR and her team leader, where concerns about her performance were raised. Despite commendation for her excellent clinical work, a subsequent meeting just four days later abruptly terminated her contract due to alleged failure to complete Continuing Professional Development (CPD).
Nancy, having dealt with personal challenges and verbal abuse from a patient, took approved time off for personal and sick leave. Upon her return, she found herself in a meeting with HR and her team leader, where concerns about her performance were raised. Despite commendation for her excellent clinical work, a subsequent meeting just four days later abruptly terminated her contract due to alleged failure to complete Continuing Professional Development (CPD).
The Unseen Support:
In a state of shock, Nancy sought help from the NPAA, and a dedicated case manager was assigned to her. Reviewing the details and documentation, the case manager advised filing an Unfair Dismissal application within the 21-day deadline. With swift action, the application was prepared and lodged.
The Path to Resolution:
A conciliation meeting was arranged, and Nancy's NPAA case manager provided guidance on what to expect. The desired remedies were outlined:
1. Termination is turned into a resignation and recorded as a resignation;
2. A full written Statement of Services for a future reference; and
3. A financial payout (compensation) for lost income.
During the conciliation, Nancy's representative emphasised the inaccuracies and unjust nature of the termination. The employer, upon realisation, agreed to rectify the situation. The outcome included turning the termination into a dismissal, awarding full compensation from the time of termination until conciliation, and providing a comprehensive statement of service.
A Triumph for Justice:
Nancy, satisfied with the outcome, emerged from the ordeal with her professional reputation intact. This experience highlights the role of NPAA in supporting nurses confronting unfair dismissal. As we acknowledge Nancy's positive resolution, it reminds us of the importance of advocacy in safeguarding nurses' rights and ensuring fair treatment in the workplace.
For Protection without the Politics (and fees that won’t raise your blood pressure), nurses & midwives can join the NPAA.
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
