Appeal over intern’s job

THE Department of Health is appealing a Tasmanian Industrial Commission decision that ruled a medical intern should be reinstated after his contract was terminated following seven weeks’ sick leave.

Raajiv Pratik Prasad, who completed his medical degree at the University of Tasmania in 2008, was employed at the Royal Hobart Hospital as a medical intern last year on a full-time fixed-term contract.

In November last year, Mr Prasad took seven weeks off for mental health reasons.

When he informed the department he intended to return in January, he received a letter from the acting executive director of medical services that said his contract had not been extended.

Mr Prasad’s contract was due to expire on January 14 and he had 14 more weeks left of his internship.

Counsel for the department had argued Mr Prasad “meeting his obligation to look after himself does not give rise to an obligation on the part of the respondent to offer further employment,” and having signed a contract, he was aware of its expiration date.

Tasmanian Industrial Commission deputy president Neroli Ellis found Mr Prasad had a “reasonable expectation of continuing his employment”.

She said a review committee had been established in November 2018 to review Mr Prasad’s progress without his knowledge.

“In my view, the process was grossly flawed,” Ms Ellis wrote in her findings.

“He was not provided with the right to be informed and respond to the committee making the recommendation, as he was completely unaware of this process and denied that right by the committee.”

Ms Ellis found Mr Prasad had been unfairly dismissed and ordered he be reinstated to the intern position for the purpose of participating in the final term of the program. An appeal date is yet to be set.

Neroli Ellis