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It was wrong of an employee not to correct her employer's false assumption about her qualifications, the Fair Work Commission has found in upholding her dismissal.

But although she hadn't informed her employer she required supervision, the employee's actions didn't amount to "deception or serious misconduct", Deputy President Nicholas Lake found.

The enrolled nurse had been employed by The Cardiac Centre since 2021. In 2023, a new practice manager joined the centre and reviewed its practising licences, discovering that the employee was not a registered nurse, and had therefore been working without supervision, in breach of the nursing Standards of Practice.

The employee was informed she was working outside her scope of practice, and the employer offered her an administrative position instead. She declined this role, and her employment was subsequently terminated...