Melbourne. A graduate nurse was dismissed after multiple clinical errors raised serious patient safety concerns. The Fair Work Commission found the dismissal was fair and rejected his unfair dismissal claim.
Where: Melbourne
Case name: Hang Li v Eastern Health [2025] FWC 370
Date of decision: 1 August 2025
Link to full case: Click here to view decision
Who: Hang Li, graduate nurse at Eastern Health’s Maroondah Hospital
What: Dismissed for alleged repeated clinical mistakes, including alleged medication errors and alleged poor patient care
Outcome: FWC found dismissal was not harsh, unjust or unreasonable
Legal Principle/s:
• A valid reason for dismissal can arise from conduct that creates serious and imminent risk to patient health and safety, even if not intentional
• Graduate status does not excuse failure to meet basic clinical standards
• Procedural fairness was satisfied, and ongoing supervision did not negate the seriousness of the risks
Commentary:
This case shows that graduate nurses are expected to meet essential safety standards. Continuous supervision cannot make up for repeated unsafe practices, and dismissal can be justified even early in a nurse’s career.
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