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Blocking out unauthorised time in her calendar and using a "workaround" instead of established process didn't justify dismissal, but an employee went too far when she ignored policies and put clients at risk, the Fair Work Commission has ruled.
The employee was a senior clinician with the Nursing and Midwifery Health Program, Victoria Ltd, who alleged she was unfairly sacked in May this year.
Deputy President Ian Masson heard that in January, the employer's CEO was informed that another worker was trying to schedule an appointment in the employee's calendar, and was unable to do so. The employee declined a subsequent calendar invite despite her diary indicating she was 'free', and she blocked out the morning and afternoon of that day as a 'private appointment'.
This prompted the CEO to review the employee's calendar, and he identified what he described as "concerning matters", including multiple appointments booked with one client over four business days, and a pattern of past appointments for which no notes were recorded...
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