Hang Li v Eastern Health

[2025] FWC 370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Hang Li
v

Eastern Health

(U2024/11618)

DEPUTY PRESIDENT BELL MELBOURNE, 1 AUGUST 2025

Application for an unfair dismissal remedy – serious misconduct – conduct causing serious and imminent risk to the health or safety of a person – dismissal not harsh, unjust or unreasonable – application dismissed.

1. Mr Hang Li was a graduate nurse for the respondent, Eastern Health, which is part of the public health and hospital network in Victoria. His assigned location of work was Eastern Health Maroondah.

1. Mr Li was dismissed for alleged serious misconduct. The conduct relied upon by Eastern Health included conduct said to cause a serious and imminent risk to the health or safety of a person. Primarily, that conduct was alleged to comprise numerous instances of professional care falling well short of the clinical standards expected of a graduate nurse to such a degree that Mr Li was a risk to patient safety if left to in the absence of direct and continual supervision.

1. Mr Li subsequently made an application for relief against unfair dismissal under s 394 of the Fair Work Act 2009 (Cth) (Act). For the reasons that follow, I am readily satisfied that Mr Li’s dismissal was fair. The evidence before me overwhelming establishes the conduct concerns held by Eastern Health about Mr Li’s ability to safely and competently perform as a nurse were borne out. There was no procedural fairness or other matters that would render the dismissal unfair.

Factual findings

1. Mr Li began his employment with Eastern Health in around March 2022, as a Registered Undergraduate Student of Nursing or RUSON. He was initially deployed at Box Hill Hospital, which is a part of Eastern Health. Upon completing his graduate studies, Mr Li started working in ‘Ward 1 North’, with Eastern Health, pursuant to an employment contract dated 23 January 2024. That appointment was part of Eastern Health’s ‘Graduate Nurse Program’. The appointment was located at Maroondah Hospital, which is in the eastern suburbs of Melbourne.

1. Throughout Mr Li’s employment and at the time of his dismissal, his employment was subject to the Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020-2024 (the enterprise agreement).

1. Mr Tejeshkumar Rajanbabu, Nurse Manager, gave evidence for Eastern Health. He became a registered nurse in 2007 and has been employed by Eastern Health since August 2019. In his role as Nurse Manager, he was responsible for leading the clinical team of Eastern Health’s Ward 1 North in Maroondah Hospital. Mr Rajanbabu’s evidence, which I accept, is that Ward 1 North specialises in the care of patients recovering from orthopaedic surgery, including both elective and trauma procedures. The ward primarily cares for older adults, many of whom have pre-existing cognitive impairments such as dementia or are recovering from injuries related to falls.

1. Ms Kathryn Murchie, Transition to Practice Coordinator, gave evidence for Eastern Health. She is a highly experienced nursing professional. Her evidence, which I accept, is…