A sonographer employed at Canberra Hospital's Maternal Fetal Medicine Unit has had her unfair dismissal claim rejected by the Fair Work Commission (FWC). The hospital terminated her employment in July 2025, citing a failure to meet required standards during an extended probation period and a subsequent performance action plan. The unit provides specialist care for high-risk pregnancies.
According to the FWC's decision, the primary concerns regarding the sonographer, Joy Biradee, were her consistent inability to perform obstetric ultrasounds to the necessary standard. This included failing to capture anatomy in correct imaging planes and repeatedly missing significant anatomical details and pathologies. Some scans were incomplete, leading to a higher rate of re-scans and patient recalls compared to other sonographers.
Biradee began working at the hospital in May 2024. In October 2024, her probation period was extended by three months due to performance concerns. She lodged a complaint in February 2025, alleging a pattern of intimidation, bullying, and harassment by her supervisor. However, an investigation found these claims to be unsubstantiated.
During a three-day hearing, Biradee described a hostile work environment and misconduct by her supervisor, suggesting her performance assessments might have been influenced by personal circumstances or attraction. She argued that delays, inconsistent feedback, and a lack of structured support impacted her performance.
However, evidence from five hospital staff members, including the medical unit director and senior sonographers, indicated that Biradee could not meet the required standards despite extensive support. They testified that her probation was extended considering her personal circumstances and that she was assigned less complex scans to improve her performance.
Fair Work Commission Deputy President Lyndall Dean emphasized the critical nature of the sonographer role in the Maternal Fetal Medicine Unit. "They are required to consistently and accurately perform, interpret and communicate the findings of complex scans," Dean stated. "Lapses in competence of performance can present serious patient risks, including stillbirth or unnecessary decisions to terminate a pregnancy."
Deputy President Dean concluded that the hospital made a more than reasonable effort to support Biradee and that their concerns about her capabilities were justified. The dismissal was deemed not harsh, unjust, or unreasonable, and was solely a direct result of her performance failures.