A male nurse has been found guilty of speaking inappropriately to a female colleague at a Dundee care home – but claims his conduct was “sexually motivated” were not proved.
Derek Gordon faced a series of misconduct charges relating to his time working at Lochleven Care Home on the outskirts of Dundee.
Mr Gordon was dismissed from the care home in December 2014 following a disciplinary hearing .
A Nursing and Midwifery Council hearing in Edinburgh this month found Gordon’s fitness to practice was impaired and he was given a 12-month fitness to practice order as a sanction.
The hearing heard he admitted at his disciplinary hearing that he behaved in an inappropriate manner towards his colleague and had apologised to her for it.
But they said claims he had told her she has a “nice arse” or words to that effect and that he got “all hot and sweaty being this close to you” had not been proved as there were no witnesses to verify her claims.
They also decided it had not been proved he had put his hands on her waist.
The healthcare assistant gave evidence to the panel via telephone.
In their written judgement the panel stated her oral evidence had been “materially different” from her written statement.
“The panel noted that Health Care Assistant A states that she felt intimidated by Mr Gordon’s actions/comments in her witness statement, however in her oral evidence she stated that she did not at any time feel threatened, intimidated and there was no harm meant by it,” they wrote.
“She also stated that Mr Gordon’s behaviour, in general, was playful and childish.”
Gordon admitted giving a resident at the home the sedative Zoplicone at the wrong time of day and then failed in his duty to notify a GP, or record the incident. A charge he failed to notify his colleagues was not proved.
The panel also found that did not undertake a physical assessment of the resident or carry out any subsequent observations.
Gordon also admitted not informing his colleague’s about another resident’s eye complaint and the panel also ruled claims he had failed to document the complaint, inform his colleagues or the resident’s family were also proved.
Charges that Gordon, who did not attended the hearing and has said he no longer wants to work as a nurse, has signed a chart stating he had administered Loraaepam to another resident when he had not and that he had left medication trolleys unattended were not proved.
Under the terms of Gordon’s sanction, he will have to notify the NMC of any job he takes and if any further disciplinary action is taken against him.
He will also need supervised when dispensing medicine.
The panel ruled: “Based on the evidence before it, the panel considered that there is no evidence of deep seated harmful attitudinal problems nor any evidence of general incompetence.”
Gordon said: “I am delighted and relieved with the outcome of the NMC’s case. Very glad that the alleged harassment comments were unfounded.”
