Nov 2018 · South Australia, Australia
Nurse warned for falling asleep at work was diagnosed with severe sleep apnoea: dismissal overturned and re-employment ordered
A registered nurse with 25 years' service at a metropolitan public hospital received written warnings in 2016 and 2017 for falling asleep at work, and the hospital notified the national health practitioner regulator. A sleep study then found severe obstructive sleep apnoea, which was reported as well controlled with CPAP therapy, and the regulator imposed no practice restrictions. The health network suspended her for 14 months over concerns including somnolence at work and then dismissed her, but the tribunal found the dismissal harsh, unjust and unreasonable because the employer never sought her treating doctors' evidence, and ordered her re-employment with back pay.
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