[2025] FWC 2191
Citation: [2025] FWC 2191
What happened
the Applicant, a Registered Nurse at Western Health in Melbourne, was dismissed on 31 October 2024, after accidentally defibrillating a patient in July 2024. the Applicant claimed the dismissal was unfair, citing months of bullying, harassment, and micromanagement, and arguing the defibrillation was unintentional. Western Health, a large public health service, conducted an investigation following the incident. the Applicant had worked at Western Health since March 2021 and was covered by the Nurses and Midwives (Victorian Public Sector) Enterprise Agreement 2020-2024. The Fair Work Commission heard evidence from multiple witnesses for both parties.
What was decided
The Fair Work Commission dismissed the Applicant’s application for unfair dismissal. the Commissioner found Western Health had a valid reason for dismissal, followed a fair procedure, and the dismissal was not harsh, unjust, or unreasonable. The Commission noted the Applicant’s defensive and argumentative behaviour during the hearing. While acknowledging the Applicant’s self-represented status, the Commissioner considered her additional evidence but cautioned against reliance on potentially fabricated case citations presented by Western Health. The Commission found the Applicant was protected from unfair dismissal.
What it means for employers
Employers should ensure thorough investigations are conducted when addressing employee misconduct, with a focus on procedural fairness. The case highlights the importance of verifying information, especially when relying on AI-generated materials, as inaccurate information can undermine the integrity of legal submissions. Maintaining clear communication and documentation throughout disciplinary processes is also crucial.
What it means for employees
Employees facing disciplinary action should be prepared to present their case clearly and directly. While self-representation is possible, it's important to understand the legal processes and distinctions between submissions and evidence. Employees should also be aware that unintentional errors, while potentially mitigating, may still lead to dismissal if they impact trust and confidence.
Want this applied to your situation?
Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc2191.pdfWant more cases like this?
FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.
Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.
Get notified on new Fair Work cases
Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.
Free forever. No spam. Unsubscribe anytime.
This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →