Former Flinders Medical Centre nurse Manishkumar Patel loses bid to return to work after domestic violence offence

A nurse who viciously bashed his wife in front of a child has failed in his bid to return to work as it would damage the reputation of the profession, a court heard.

A former nurse who bashed his wife in front of a child would damage the reputation of the profession if allowed to return to work, a court heard.

Manishkumar Patel failed in his bid to the South Australian Employment Tribunal to have his employment reinstated after he broke the trust and confidence placed in him.

Mr Patel claimed that the termination of his employment was harsh, unjust or unreasonable and sought re-employment or compensation.

The court heard Mr Patel’s employment was terminated in March 2024 on the grounds of serious misconduct after he committed an aggravated assault against his wife in their home.

The court heard Mr Patel came to Australia in 2007 after completing some nursing study in India and started working in the Flinders Medical Centre Emergency Department in 2012.

In December 2020, Mr Patel found a bottle of perfume which had been given to his wife by a female work colleague for a Secret Santa gift.

He suspected the gift was given by a male and argued with his wife, before blocking her from using her phone overnight.

Manishkumar Patel failed in his bid to the South Australian Employment Tribunal to have his employment reinstated. Picture: iStock

The following day Mr Patel became angry again and grabbed the victim by her hair and threw her to the floor.

Mr Patel then slapped the victim across the face a number of times, punched and kicked her.

“He then sat on top of (the victim’s) body, grabbed her by the front of her neck and held her for about 30 seconds,” the judgment read.

The court heard Mr Patel then grabbed the victim’s head and pulled her head to the floor.

He then told her to never step foot in the house again and that he will “kill and bury her in the ground, and no one will ever find her”.

The court heard a tenant witnessed some of Mr Patel’s assault.

The victim’s injuries included swelling and multiple bruises.

Mr Patel, who now works in aged care, was convicted and sentenced to an 18-month good behaviour bond.

In their submissions, The Southern Adelaide Local Health Network said Mr Patel could damage the reputation of the nursing profession and the public sector’s stance against domestic violence.

Mr Patel claimed that because the incident was outside of the workplace, as well as his remorse and rehabilitation efforts he should have been given a chance, with alternative disciplinary action.

The court heard he now said he only slapped his ex-wife to the face two or three times and admitted the untrue allegations to spare his wife the stress of a trial.

SAET Deputy President Stephen Lieschke said Mr Patel broke the high level of trust and confidence placed in him as a senior health practitioner.

“His failure to give an honest account of his actions indicates an avoidance of responsibility and poor prospects of genuine rehabilitation,” he said.

Mr Lieschke said Mr Patel’s dismissal was not harsh, unjust or unreasonable and dismissed the application.

Originally published as Former Flinders Medical Centre nurse Manishkumar Patel loses bid to return to work after domestic violence offence