Lyell McEwin Hospital nurse sacked for obesity and a bad knee wins her job back in court

A Lyell McEwin Hospital nurse sacked for allegedly being too obese for duty — and with a history of falling asleep – has won her job back with back pay.

A nurse sacked after 25 years service due to obesity and a bad knee must be reinstated by SA Health as the decision was ruled “harsh, unjust and unreasonable” by the SA Employment Tribunal.

The woman who worked at Lyell McEwin Hospital will be paid almost three years wages to make up for the termination in November 2018 — at the time she weighed 165kg compared to 105kg when first employed in 1993, and has since lost 30kg.

She had previously been suspended with pay from usual duties for 14 months “over stated concerns about her capacity to safely perform her work due to obesity, a knee condition and somnolence at work.”

Northern Adelaide Local Health Network interim chief executive Debbie Chin sacked the woman after deciding she was unable to complete duties “due to a non-work related medical condition”.

However Magistrate Stephen Lieschke ordered her reinstatement, saying the dismissal “was not justified by the respondent’s own HR policies or by the applicable common law principle.”

“The applicant’s contract of employment was not incapable of part performance while she addressed her health concerns, after being notified by the respondent of them in September 2017, although her future capacity for work was uncertain,” the ruling states.

Lyell McEwin Hospital Emergency entrance.

“The health concerns were not reasonably determined to be non-work related, with the applicant’s workers compensation claims yet to be judicially determined.

“The contract was capable of continued part performance while the applicant’s uncertain long term capacity for work was being addressed, irrespective of whether she remained at work on modified or alternate duties or took leave, or a combination of both.

“I conclude the dismissal was harsh, unjust and unreasonable.”

he ordered that the woman be “re-employed forthwith in a suitable nursing role outside of the LMH’s division of medicine” and that she be paid all wages, less five weeks, and superannuation contributions, and credited with all leave entitlements from the date of dismissal until present.

The woman’s new role is to be determined after consideration of her current medical capacity, her treating practitioners’ opinions and any other advice, and after consultation with the her.

The woman has worked as a registered nurse for 30 years in roles including in medical, paediatrics, recovery, midwifery, emergency and intensive care, and in the private as well as public sector.

The only disciplinary action she has been subject to in her 25 years of service with the respondent was being given written warnings “for falling asleep at work on 9/3/16 and on 19/4/17.”

Originally published as Lyell McEwin Hospital nurse sacked for obesity and a bad knee wins her job back in court