Bendigo Health Care Group has lost its appeal against a Fair Work Commission decision governing an aged care nurse (Francis Logan). Bendigo Health Care Group had lodged a notice of appeal in which it applied for permission to appeal and against a decision of Commissioner Ryan. The Commissioner found that the dismissal of Francis Logan by Bendigo Health was unfair and reinstated Mr Logan to the position of aged care nurse he occupied immediately prior to his dismissal by Bendigo Health. The Commissioner also ordered Bendigo Health to treat the period of employment of Mr Logan not to have been broken by the dismissal. MR Logan worked for Bengido Health as an enrolled nurse in aged care from 2004 until his dismissal on 26 May 2016 for serious misconduct. His employment was on a casual basis but was continuous except for one very short break in employment. As an enrolled nurse, Mr Logan is subject to professional regulation by the Australian Health Practitioner Regulation Agency (AHPRA). His dismissal arose from his admission that he had engaged in misconduct on 16 May 2016. The evidence which Mr Logan gave before the Commissioner was that a patient had confided in him about certain distressing details of her life history. Mr Logan then, on his own admission, responded by touching the patients hand, kisser her on the forehead and saying “Goodnight and God bless”. The incident was reported to AHPRA, and it was considered by the Nursing and Midwifery Board of Australia. Subsequent to Mr Logan’s dismissal, the Board issued a report on 9 September 2016 concerning the incident. The Board found that Mr Logan’s conduct “is or may be unsatisfactory” and cautioned him to “abide by the code of professional conduct for nurse by maintaining professional boundaries between himself and the person for which he is caring.
