Impacts of the protected disclosures act 2000 on nurses

The law also directed the U. Department of Health and Human Services to develop privacy rules, including, but not limited to, the use of electronic medical records.

Impacts of the protected disclosures act 2000 on nurses

Announcements

Misrepresentation in a curriculum vitae exaggeration in a CV may not be sufficient [25] Incompetence where a person says they have a skill but in fact don't [26] Misconduct Inability to perform the work due to injury or illness Theft of even low value items e.

The termination must also be procedurally fair. A procedure that does not follow the principles of natural justice is unlikely to be held to be fair. Section A of the ERA states that the dismissal must be "fair and reasonable" under the circumstances.

Violence, drunkenness, disobeying reasonable orders, and insubordination on the part of the employee may be grounds for summary dismissal if the conduct is bad enough. In Donna Maree Tauhore assaulted a colleague and was dismissed and prosecuted for assault. She was acquitted of assault in the District Court but the Employment Relations Authority rejected her claim of unjustified dismissal saying that based on the information available at the time, the employer's decision to sack her was reasonable.: The employee is given a choice between being fired and resigning.

The employer deliberately breached a duty in order to force the employee to resign. The employer breached a duty not deliberately which led the employee to resign. The employee's resignation also needs to be caused by the breach of duty on the part of the employer and the breach has to be serious enough to make it reasonably foreseeable that there was a substantial risk of resignation.

Many claims of constructive dismissal arise when an employer changes the working conditions to the employee's disadvantage, e. The employee quits and then tries to claim constructive dismissal. However, under section 1 b of the ERA, the employee is only entitled to pursue a personal grievance claim when "1 or more conditions However, workers are usually only entitled to redundancy compensation if it is specified in their employment agreement.

When an "employee is, or will be, no longer required by his or her employer to perform the work, or part of the work, performed by the employee" section 69C an employee may be made redundant. Not only does an employer need genuine business reasons for a redundancy, they must follow a fair procedure.

Based on case law, fair procedure includes: If a redundancy was not fair an employee may bring a personal grievance for unjustified dismissal.: While employers are allowed to restructure their business to make it more efficient, they may not simply change the job title, offer a lower salary or wage, but leave the job description "substantially similar".

Impacts of the protected disclosures act 2000 on nurses

This would be a "sham" redundancy. The test for "substantially similar" is: Would a reasonable person, taking into account the nature, terms and conditions of the new position consider there was sufficient difference between the former role and the alternative role offered by the employer?

Some factors that are compared to determine whether a new role is "substantially similar" to an old one are: Change in seniority — is this a demotion? Changes to salary and other benefits.

Reduced or increased hours of work. Different type of employment, e. Reduced leave entitlements or other benefits. New role[ edit ] Employers may make a position redundant but offer the employee another role in the company. If the new role is "substantially similar" then the employee is obliged to accept the new role.

The fees and expenses of the Assignee or Liquidator are paid first. The costs and expenses incurred by the creditor who asked the court to declare the bankruptcy are paid second. Wages, salaries, holiday pay, redundancy, and payments ordered by the Employment Relations Authority or Employment Court, owed to employees are paid third.

However, when the employee is married to the bankrupt then he or she is paid sixth. Money owed to the IRD for child support, the kiwisaver scheme and the student loan scheme, is also paid third.

According to section of the ERA, an employee that believes he or she has been; unjustifiably dismissed; disadvantaged in employment by an unjustified action by the employer; discriminated against; racially harassed;or subject to duress over union membership; may pursue a personal grievance.The purpose of the Protected Disclosures Act (the Act) is to encourage people to report serious wrongdoing in their workplace by providing protection for employees who want to ‘blow the whistle’.

This applies to public and private sector workplaces. Limitations on Disclosure and Use.

Impacts of the protected disclosures act 2000 on nurses

HIPAA requires that people authorize disclosure of their PHI unless an exception applies, such as a legal requirement or to report abuse, or for treatment, payment, or healthcare operations. The “minimum necessary rule” requires that only the minimum necessary PHI be accessed and used.

Patient Rights. Prominent Healthcare Officials Comment on HIPAA’s Past, Present, and Future. Looking back, the past 10 years have demonstrated, much to the surprise of many, the enduring nature of the basic cornerstones of HIPAA.

Clinicians, said Van Rensburg, should apply their mandate in line with the Protected Disclosures Act (Act 26 of ) as amended in (Act 5 of ), “to speak out when patients’ human.

Protected disclosures/whistle-blowing

The purpose of the Protected Disclosures Act (the Act) is to encourage people to report serious wrongdoing in their workplace by providing protection for employees who want to ‘blow the whistle’. This applies to public and private sector workplaces. PROTECTED DISCLOSURES ACT 26 OF [ASSENTED TO 1 AUGUST ] [DATE OF COMMENCEMENT: 16 FEBRUARY .

HIPAA: Past, Present and Future Implications for Nurses