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A paediatric nurse accused of raping the mother of a child who was an inpatient at a Queensland public hospital has lost his appeal to have his suspension without pay overturned, with the Queensland Industrial Relations Commission deeming him a risk to patients and the public.
Findings published on Tuesday by the commission outline a complaint to police following an incident at the hospital on May 13.
The woman, whose child was being treated at the hospital, alleged she went to the toilet and when she opened the door, the male nurse was standing there.
The nurse was suspended without pay and deregistered after facing criminal charges for allegedly raping a woman while on shift.
She alleged they had a shower together and upon exiting the shower, the nurse, who was on shift at the time, placed his hands between her legs and inserted his finger into her before stopping abruptly and saying he did not want to get into trouble.
The woman says she was supported in progressing her complaint by two other parents of patients in the children’s inpatient unit.
It was alleged that on May 16, the Queensland Health nurse failed to notify his employer, Metro South Health, that he had been charged with an indictable offence.
Metro South Health’s chief people and partnerships officer, Adam Lavis, said the employee was “invited to show cause” as to why he shouldn’t be suspended without pay in June, and was given another notice to show cause the following month.
After receiving confirmation that the matter was under formal investigation, the worker’s registration was suspended and he was prohibited from practising as a nurse.
In his appeal, the paediatric nurse, himself the father of young children, denied the criminal charge and said he did not notify his employer of the investigation as he “believed the service was already made aware”.
He said the suspension was affecting his ability to financially support his family and fund legal representation. He also said alternative duties, such as working from home, were not adequately considered.
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In taking into account “all material before him”, Lavis said he “reasonably believes that [the appellant] is liable to discipline … in relation to the alleged sexual assault”, particularly given his role as a clinical nurse providing “direct care to vulnerable paediatric patients and contact with members of the public”.
“I am satisfied there is no alternative role that would adequately mitigate the risk,” he said.
Industrial Relations Commissioner Samantha Pidgeon agreed, saying Queensland Health’s decision to suspend the worker without pay was “fair and reasonable”.
“I am satisfied the decision-maker [Lavis] considered all reasonable alternative duties,” she wrote.
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“I find that having considered the circumstances specific to this matter, it was appropriate to suspend [the employee] rather than provide him with alternative duties.”
Queensland Health said the criminal proceedings were at a “preliminary stage” and may be protracted, but added that even if the matter was resolved, the health authority would hold “significant concerns as to the alleged workplace and professional misconduct” of the employee.
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