Hi there! I'm really struggling on a question if someone could help me out. Please see the scenario below.
You and an educator are supervising 12 pre-schoolers outside. One of the children falls and cuts their eyebrow resulting in alot of bleeding. You get the First Aid Kit which is located at the back door. You open the kit which only has band aids. The required contents were not there as the kit had not been re-stocked by the designated staff member as per staff roster.
Once you locate a bandage and gloves, you attend to the child effectively and carry out correct first aid. The child is settled and happy. You complete the accident form, inform your supervisor and contact the parent who collects the child within 1 hour.
You check the staff roster and you realise it was your responsibility and was meant to be completed last Friday. The supervisor informs you that you have failed to meet your duty of care and YOU will be fined personally for this according to the Education & Care National Regulations.
Question. Think about this scenario, the outcome, Supervisors comments as well as your work role.
What are your legal rights?
I have looked everywhere and cannot find anything in regards to the legal rights of the worker in this situation.
Thanks.
Legal rights
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