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ARTICLE · 23 DECEMBER 2015

Procedural fairness in workplace investigations

This decision emphasises the requirement that the staff member must be afforded natural justice and procedural fairness.

AustraliaEmployment and HR

Case Study: Where doctor subject of investigation - Court emphasised need for natural justice/procedural fairness – Hospital found to have fallen short of disclosure requirements.

The recent Supreme Court decision in Vega Vega v Hoyle & Ors [2015] QSC 111 emphasises the requirement that a staff member who is the subject of an investigation be afforded natural justice and procedural fairness.

The Facts

On 22 January 2014 Dr Vega Vega, a specialist urologist, performed a left nephrectomy (removal of a kidney) on a patient with a complex anatomy as a consequence of spina bifida. Unfortunately following a difficulty surgery with complications, the wrong kidney (which was also compromised) was removed. On 29 April 2014, following the discovery that the wrong kidney had been removed, Dr Vega Vega's employment was suspended.

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