[2025] FWC 2191
Citation: [2025] FWC 2191
What happened
Manpreet Kaur, a Registered Nurse at Western Health in Melbourne, was dismissed on 31 October 2024, after accidentally defibrillating a patient in July 2024. Ms Kaur 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. Ms Kaur 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 Ms Kaur’s application for unfair dismissal. Commissioner Tran 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 Ms Kaur’s defensive and argumentative behaviour during the hearing. While acknowledging Ms Kaur’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 Ms Kaur 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.
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?
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This summary was drafted by AI 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 →