the Applicant v Northern Health
Citation: [2026] FWC 2362
At a glance
- Employees affected
- 1
- Awards cited
- MA000235
What happened
the Applicant, a registered nurse at Northern Health, was dismissed after allegations of misconduct including dishonest personal leave use and disrespectful communication with HR. the Applicant denied the claims and argued his dismissal was unfair. He had previously raised bullying complaints against colleagues, which were later found unsubstantiated. During an online conciliation conference related to these complaints in September 2025, the Applicant allegedly stated he was campaigning for union elections while on personal leave, a claim he denies. Following this and further correspondence with HR, Northern Health issued a show cause notice leading to his dismissal.
What was decided
The Fair Work Commission dismissed the Applicant’s application for an unfair dismissal remedy. Deputy President Colman found that the Applicant's conduct constituted serious misconduct justifying his termination. This included dishonesty regarding personal leave and disrespectful communication with HR staff. The Commission considered evidence from Northern Health, including a statement from a witness about the alleged comments made during the conciliation conference. While acknowledging the Applicant’s complaints of bullying were not investigated, the Deputy President found that this did not negate his misconduct.
What it means for employers
Employers have the right to investigate and act on allegations of serious misconduct, even if other employee concerns are unresolved. Thorough documentation of incidents and evidence is crucial when considering disciplinary action. It's important to ensure a fair process, but inaction due to other outstanding issues isn’t a defence against misconduct.
What it means for employees
Employees have a right to raise workplace complaints, however, dishonest behaviour or disrespectful communication can be grounds for dismissal even if other concerns are not addressed. Employees should accurately represent their circumstances and avoid making false statements, particularly during official proceedings.
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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 →