Health Care Complaints Commission v Nurses Tribunal and Joan Barbara Stewart

In this case, the Health Care Complaints Commission sought an appeal against a decision of the Nurses Tribunal, which dismissed a complaint against Joan Barbara Stewart, a registered nurse. The dispute centred on the interpretation of "unsatisfactory professional conduct" as defined by the Nurses Act 1991, and whether the Tribunal's decision was flawed due to an inadequate consideration of the contract of employment in relation to the statutory requirements. The primary issue before the court was whether the Tribunal erred in law by not considering the contract of employment in its assessment of whether Stewart's conduct constituted unsatisfactory professional conduct.

The court considered whether the decision of the Tribunal was an unappealable question of fact, or if it contained an error of law. The court found that the primary facts of the case presented questions of degree, which are typically considered questions of fact and not appealable. However, the court also examined whether the Tribunal's reasons for its decision disclosed an error of law. The court held that the Tribunal's reasons were inadequate as they failed to consider the contract of employment and its impact on the nature of the conduct required of the nurse by the statute.

The court concluded that the Tribunal's decision was indeed affected by an error of law, as it did not properly consider the contract of employment. As a result, the appeal was allowed, and the matter was remitted back to the Tribunal for reconsideration in light of the court's findings. The court did not provide specific orders, but it was expected that the Tribunal would re-evaluate the complaint against Stewart, taking into account the contract of employment and its impact on the statutory requirements.