Queensland nurse accused of flashing knickers at Christmas party wins against disciplinary action

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Nurse accused of flashing her knickers to colleagues at a piece Christmas social gathering fights disciplinary determination towards her and WINS

  • Nurse Emma Hayes held a Christmas in July social gathering for her colleagues final yr
  • She was accused of lifting her skirt and flashing her underwear at a colleague 
  • Queensland Well being used redacted emails, summaries and a photograph as proof 
  • Ms Hayes appealed the allegations and was profitable in her authorized battle

A nurse who was accused of lifting up her skirt and exhibiting her underwear to a colleague at a piece Chirstmas social gathering has efficiently appealed her punishment.  

Nurse Emma Hayes organised the ‘ED Xmas in July Social gathering’ for her Ipswich Hospital Emergency Division colleagues at a public venue on July 18, 2020.

After the occasion, Queensland Well being alleged Ms Hayes ‘inappropriately lifted her skirt’ and didn’t behave as was anticipated of a West Moreton Well being worker. 

Ms Hayes appealed the disciplinary motion and Queensland Industrial Relations Commissioner Minna Knight concluded ‘the allegations are unsubstantiated’.      

Nurse Emma Hayes was accused of 'inappropriately lifting her skirt and showing her underwear to a West Moreton Health employee' by Queensland Health at a work Christmas party she organised at a public venue on July 18, 2020 (stock image)

Nurse Emma Hayes was accused of ‘inappropriately lifting her skirt and exhibiting her underwear to a West Moreton Well being worker’ by Queensland Well being at a piece Christmas social gathering she organised at a public venue on July 18, 2020 (inventory picture)

The authorized battle started when Ms Hayes obtained correspondence from Queensland Well being inviting her to answer the allegations two weeks after the social gathering. 

Queensland Well being supplied closely redacted emails and file notes summarising discussions concerning the social gathering between witnesses and administration as proof. 

‘At roughly 8:00pm, [the appellant] lifted her skirt and flashed her underwear straight at [redacted] resulted in [redacted] feeling uncomfortable,’ one e-mail learn.   

One other e-mail stated a feminine member of the general public witnessed Ms Hayes being faraway from the male bogs on quite a few events in the course of the night time.   

The state well being division additionally supplied a photograph of Ms Hayes posing and consuming amongst buddies at one in all their residences earlier than the social gathering as proof. 

Queensland Well being decided that there have been grounds to self-discipline Ms Hayes underneath the Public Service Act 2008 on October 13, 2020. 

However Ms Hayes, represented by the Queensland Nurses and Midwives Union, argued that Queensland Well being relied on rumour, closely redacted correspondence, and duplicated their allegations. 

An email used as evidence by Queensland Health alleged Ms Hayes 'lifted her skirt and flashed her underwear' at a colleague, which made them feel 'uncomfortable' at the Christmas in July party (stock image)

An e-mail used as proof by Queensland Well being alleged Ms Hayes ‘lifted her skirt and flashed her underwear’ at a colleague, which made them really feel ‘uncomfortable’ on the Christmas in July social gathering (inventory picture)

Ms Hayes works at Ipswich Hospital (pictured). She appealed the disciplinary action and Queensland Industrial Relations Commissioner Minna Knight concluded 'the allegations are unsubstantiated' on December 24 last year

Ms Hayes works at Ipswich Hospital (pictured). She appealed the disciplinary motion and Queensland Industrial Relations Commissioner Minna Knight concluded ‘the allegations are unsubstantiated’ on December 24 final yr

The allegations being that Ms Hayes each ‘inappropriately lifted her skirt and confirmed her  underwear to a West Moreton Well being worker’ and ‘didn’t display the anticipated behaviours of a West Moreton Well being worker’.

Commissioner Knight dominated in Ms Hayes’ favour, saying there was ‘an unwarranted duplication of allegations’ and ‘confusion concerning the foundation on which the appellant (Ms Hayes) was being disciplined’.

She additionally stated she had ‘critical misgivings as to the standard of the proof relied upon’ by Queensland Well being.

‘The file notes and emails comprise restricted element. The appellant (Ms Hayes) is talked about both fleetingly or by no means,’ Commissioner Knight stated.

‘The ‘statements’, which aren’t first-hand however as a substitute paraphrased, comprise rumour, subjective perceptions and references to innuendo or gossip.

‘The redactions deny any chance of understanding the context surrounding the incidents.’  

Commissioner Knight overturned Queensland Well being’s October determination as a result of ‘the allegations usually are not substantiated’.

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