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Directing complaining employee to remain off work wasn't part of "vendetta"

An employer wanted to keep an employee away from the workplace due to concerns for her own and others' welfare, and not because it had a "vendetta" against her for reporting health and safety incidents, the Federal Court has ruled.

The former clinical director of Canberra Hospital's intensive care unit claimed the employer, the critical care executive director, and Canberra Health Service's chief operating officer and its deputy CEO took unlawful adverse action against her after she complained about health and safety issues.

The Court heard that in November 2021, the employee made three incident reports referencing "vicarious trauma" she had allegedly suffered related to three patients, while a fourth report said another "agitated" staff member accused her of giving him a bad reference regarding his abilities as a senior medical practitioner.

She claimed in all four reports that she had received a psychological injury as a result of the incidents...

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