Queensland Nurses' Union of Employees v Australian Red Cross Society

The Queensland Nurses' Union of Employees (the Union) brought proceedings against the Australian Red Cross Society (the Society) concerning the termination of employment of a member of the Union. The matter came before Judge Vasta.

The central legal issue was whether the Society had acted in accordance with its own policies and procedures, specifically regarding a Performance Improvement Plan (PIP), when terminating the employment of its member. The Union contended that the Society's decision to terminate the employee was predetermined and not based on a genuine assessment of her performance during the PIP process.

Judge Vasta found the evidence provided by the Third Respondent, representing the Society, to be illogical and bordering on dishonesty. The judge noted that the Society's evidence suggested a decision had been made prior to the final PIP review on 28 April, despite that review indicating significant improvement with no negative remarks. The judge concluded that the Society's stated belief that there had been no significant improvement, even after reviewing the final PIP which showed positive progress, was not credible and illustrated the Society's conduct in the matter.