Unclear job description leads to unfair dismissal claim

Unclear job description

The worker had been working as a support worker for a client with an acquired brain injury since July 2018. Their role was to provide 24-hour in-home support to help the client live independently. The worker was designated as a “key support worker” for the client, although the exact responsibilities of this role were not clearly defined.

The client required assistance with most aspects of daily living, including using the toilet, showering, dressing, taking medications, managing his health, getting around, and transferring from a wheelchair to bed and back. the car. The client also needed help with communication.

In July 2023, another support worker submitted two incident reports regarding the care provided to the client under their supervision. One incident involved the client having a medical episode and being taken to hospital in an ambulance. The worker had indicated that an inhaler found in the client’s home did not belong to the client, but later claimed to be aware of it.

These reports led the employer to open an internal investigation, followed by an independent fact-finding investigation in September 2023.

Job description and allegations

The investigation resulted in ten allegations against the worker. These included: