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Winter 2002

Nexus dismisses employee over medication issue

HACSU believes the dismissal of a Nexus employee Gary Lunson over his failure to administer medication has brought this issue to a head.

The refusal by Gary to administer medication came after he had undertaken the medication training course.

During the training the issue of administering medication to clients and their ability to indicate their choice was discussed. It was as a result of this discussion that Gary made a decision to question the way in which he was being required to administer medication to a client.

Gary put his concerns in writing to his employer. One of his concerns was what would happen to him if anything happened to the client.

Gary received a written response from his employer but it did nothing to allay his concerns regarding the way in which he was to administer the medication. Gary received the response when he went on shift at 11pm to do a sleepover morning shift.

Gary was aware that the house manager was coming on the shift that followed his and that he was usually early. Gary believed that the house manager could administer the medication.

Gary advised the house manager that he did not administer the medication to the client.

Later that same day Gary received a letter from his employer delivered to his home address informing him that he had been dismissed from his employment. Gary says the way in which he was dismissed was not appropriate.

"Nobody rang me, or came to speak to me and after 5 years of employment with Nexus I felt let down with this approach," Gary said.

"The only thing I remember about that day was seeing my employer driving off up the street".
Gary was not given his rights. He was not told what he had done or given a chance to explain his actions.

He was summarily dismissed.

This is a denial of Gary's rights to natural justice and procedural fairness.

An application has been made to the Tasmanian Industrial Commission for an unfair dismissal hearing, requesting that Gary be reinstated to his employment.

All disability support workers should be aware that they are required to have a current first aid certificate, as well as having completed and passed the administration of medication training prior to administering medication.

Given that Gary had neither of the above at the time of this incident then it is questionable as to whether or not the instruction given to Gary was a lawful instruction. If it was not, then you can not dismiss an employee because they would not follow an unlawful instruction.

This matter went before Deputy President Watling who after hearing opening submissions from the parties adjourned the parties into conference.

The outcome was that the employee was able to resign and receive a payment of $6,000.