Prison nurse dismissal justified, ERA

A bid to get her job back by a prison nurse who temporarily withheld an inmate's medication has been rejected by the Employment Relations Authority (ERA).

Laine Faapito had worked as health team leader at Mt Eden Prison in Auckland since 2003. She was responsible for nursing staff and providing health services to prisoners.

After a prisoner was found saving his quetiapine drugs during a cell search, Ms Faapito decided to temporarily stop giving him the medication.

She suspected he was trading the drugs, which were usually prescribed for acute and chronic psychosis, including schizophrenia and manic episodes associated with bipolar disorder.

A week later, the prisoner expressed anger to an outside psychiatric nurse at the Mason Clinic.

The prisoner complained he wasn't able to sleep. He was anxious and distressed, and feared being attacked by other prisoners.

The psychiatric nurse said the prisoner needed to be on his medication and he began receiving a night dose only as recommended.

But the issue came to the Corrections Department's attention when the Mason clinic nurse complained that Ms Faapito had discontinued medication without consultation.

Health Centre manager Debbie Gell requested a fact-finding review, which found Ms Faapito stopped giving the medication without consulting forensic staff.

Ms Faapito was put on special leave, though Ms Gell later concluded the leave was not warranted.

A required employment investigation followed, and Ms Faapito was suspended during the inquiry.

It concluded that the standard of practice for a registered nurse was not met, potentially putting the prisoner at risk.

The report said Ms Faapito had failed to discuss the suspension of medication with a prescribing doctor, didn't consult with the prisoner, didn't assess the risks involved or adequately document the decision making.

They recommended Ms Faapito be referred to the Nursing Council of New Zealand for a competency review and that she practice under supervision until it was completed, but her suspension continued.

Ms Gill later said Ms Faapito's failures constituted "serious misconduct," and after failed talks with her union representative, she was fired.

The ERA found there was proof supporting Ms Faapito's claims that she did contact the psychiatrist about temporarily withholding the prisoner's medication.

But it agreed with Ms Gill that withholding the medication without a full clinical assessment of the prisoner was a "very serious decision".

Her failure to update the prisoner's medical chart, promptly advise other nursing staff, and lack of documentation were also taken into account.

"Taken in combination, these failings were such that I accept that a fair and reasonable employer would conclude that they constituted serious misconduct."

The ERA said Ms Gill provided other options to Ms Faapito, such as employment at Auckland Prison, on the North Shore.

As she could not accept the offer because of a long commute, the ERA said the decision to dismiss her was fair and reasonable.

- NZPA