Disability Worker Sacked for Rough Handling of Patient Not Unfairly Dismissed

In a Decision handed down on 14 January 2019, the Fair Work Commission has found the dismissal of a Disability Support Worker by Anglicare SA Ltd was not unfair.

Background

The applicant in the matter, Mr Dolley, was employed at an Anglicare site at in South Australia to provide care to patients who suffered from disabilities.  His employer alleged he failed in his duty to properly care for patients on three occasions.  The most serious of these involved a shower incident in August 2018 which ultimately led to Mr Dolley’s dismissal.  A student on work placement at the time alleged she witnessed Mr Dolley grab the patient’s wrist and yank him out of bed and into the bathroom.  It was alleged Mr Dolley undressed the patient and placed him under a cold shower causing the patient to scream.  Mr Dolley was alleged to have told the student that he puts the patient under cold water to wake him up and laughed about it.  Mr Dolley was then alleged to have changed the water temperature to warm and placed the patient back under the shower. After the shower, Mr Dolley walked the patient back to his adjacent room with no towel.  The student alleged the patient sat on his clothes which were on the bed and Mr Dolley raised his voice at the patient because he was wet.

Anglicare subsequently suspended Mr Dolley and investigated the incident before deciding to terminate the employment.

What the Commission found

Commissioner Platt of the Fair Work Commission found Mr Dolley’s conduct in relation to the shower incident and his failure to truthfully answer questions in the investigation constituted valid reasons for dismissal.  The Commissioner found Mr Dolley was given an opportunity to respond to the reasons for dismissal and had a support person present when doing so.  Commissioner Platt determined that the dismissal was not harsh, unjust or unreasonable and dismissed the unfair dismissal application.

Dolley v Anglicare SA Ltd T/A Anglicare SA Incorporated [2019] FWC 183

Dismissal issues in your business?

Our Consultants are ready and willing to advise.  Our ES Subscription offers free phone, email, and live chat advice.  If you have a problem you’d like to discuss or wish to enquire about subscribing, do not hesitate to contact us.