A nurse who was sacked from Canberra Health Services over allegations she had disclosed patient information was unfairly dismissed, the Fair Work Commission has found.
The commission said the decision to dismiss Carol Sandland was "marked by unnecessary haste" but it was likely the nurse would have been dismissed even if a "more careful and considered approach" had been undertaken.
Ms Sandland was a nurse at the Dhulwa Mental Health Unit but was dismissed earlier this year after it was found she had sent emails to officials at the Australian Nursing and Midwifery Federation containing patient information.
The Fair Work Commission found the emails sent by Ms Sandland to the ANMF did not comply with the Health Records Act. Information included details such as patient names, details of their treatment and medication prescriptions.
Ms Sandland argued she was attempting to address safety concerns with the union and she did not intentionally disclose the names of a patient. This argument was not accepted by the commission, saying information could have been shared without including patient information.
But while the commission found Ms Sandland had breached her obligations under the Health Records Act, the process to dismiss her had been done with "unnecessary haste".
Ms Sandland was sent a letter on February 8 saying Canberra Health Services had proposed to terminate her contract. She was given until February 15 to respond but this was extended until February 22 following a request from the ANMF.
However, neither the ANMF or Ms Sandland responded by this date and the nurse was formally dismissed on the grounds of serious misconduct on February 24.
The reasons for her dismissal included that she breached the Health Records Act, the Public Sector Management Act, "undermined the integrity of CHS's handling of personal health information" and her actions were considered a criminal act. However, the commission found it did not constitute a criminal act.
The commission found there was a valid reason for Ms Sandland's dismissal but there were procedural deficiencies.
"Her misconduct was both serious and repeated. The process undertaken by CHS was lawful and it accommodated for, to the extent sought, the ANMF's involvement on behalf of Ms Sandland," the decision said.
"But the dismissal was also marked by unnecessary haste. I accept that CHS was alleging serious misconduct on the part of Ms Sandland, and that it was not necessary in those circumstances for it to undertake a lengthy procedural inquiry."
But the commission found Canberra Health Services should have considered Ms Sandland's safety concerns and should have completed its own preliminary inquiry.
"Many of her disclosures bore a connection to her roles as health and safety representative and union delegate, and it was important for CHS to understand, if possible, the extent to which this may have influenced or explained her decisions," the decision said.
"In this context, it is difficult to understand why CHS did not complete its own preliminary inquiry into the facts of the matter before acting to dismiss Ms Sandland in reliance on only a select few emails."
Canberra Health Services has been ordered to pay Ms Sandland $5418.69, which is equivalent to four weeks of pay.
"A more careful and considered approach on the part of CHS would have seen Ms Sandland to remain in employment for a further four weeks," the decision said.
Canberra Health Services chief executive Dave Peffer said the organisation accepted the commission's ruling.
"We accept the commissioner's decision that we acted with haste in terminating our team member, but take confidence in the commissioner's conclusion that the repeated data breaches were unlawful and a valid reason for dismissal," he said in a statement.
"Our patients' confidence in how we handle their health records is paramount. The commissioner's decision, which confirms that privacy, dignity and confidentiality of patients when providing care is a fundamental role of health care workers, reinforces the basis from which our decisions will continue to be made."
Ms Sandland said: "I'm glad it's over and I am pleased the decision was in my favour".
The ACT Integrity Commission is also conducting an investigation into the privacy breaches.
