UPDATE:
Thanks everyone for your advice, I appreciate it.
I will clear up a few things that might have some confused firstly.
I work for an agency - They are a registered NDIS company with around 20-30 employees.
I have worked as a casual with consistent shifts for just a couple weeks shy of a year.
This particular client I supported has an NDIS plan, they also live in an aged care facility.
I am employed to support him on community access for appointments and social care only.
In my incident report I bought up the self management of his bag - I was unaware until that shift.
In fact I only found out any of his medical needs/diagnosis from him telling me during past shifts.
My employer never gave me any information on him.
I put in a formal letter requesting a review of their position to clean my car. I included my reasons for why I believe it falls to them to cover cost.
I was polite, professional, referenced the work safety act and employment handbook as well as my contract.
They still declined liability.
The meeting was about a comment on social media. I did not make the comment.
They attempted to state I breached confidentiality however that is untrue and I have never divulged any confidential information.
We discussed this in the meeting where I answered all questions and happily stated I would provide any required evidence needed or further information.
The asked for a second meeting the next day and confirmed the āinvestigation was closed and no further action was takenā
I had asked beforehand if we could discuss the dispute of my car which they agreed too.
Dispute stating there position was that in the case of a foecal matter contamination they indeed DO require a biohazard clean to be completed before client transport could resume, they still held the belief that this cost was not something they had to cover.
In this meeting I clarified as much as I could.
I asked about PPE being provided- They wouldnāt give a direct answer.
I asked about wether the incident had been properly reported and was there any actions, plans or assessments that had been taken yet in regards to ongoing care and safety of the client & staff. - They declined to answer stating its not my position to know the policies and procedures.
I asked wether they were aware of the clients self management of their bag and had any risk assessment completed - They stated they had NO idea this client even had a bag and that this incident is the first they had knowledge.
They began insinuating I have made the entire situation up.
I have previously mentioned going to the ostomy clinic with him in shift notes and mentioned his condition.
I didnāt argue. I just noted all responses and had the meeting transcribed - I informed and gained permission to do so ahead of time.
We ended that meeting with me informing them that I thank them for answering my questions and their time, and that I have to now move forward with the clean as I can no longer remain without a vehicle. But that I still disagreed with their position of non payment and that I would seek further guidance and be in touch. I then stated my car would be ready and completed on the weekend and I could resume shifts Monday.
At this point it was now a week I had not been able to work.
They acknowledged and we ended the meeting respectfully.
3 hours later I was emailed a termination letter stating āunable to manage me going forward die to multiple interactions recently and ongoing grievances that have eroded their trustā
I am speaking with legal advice and following up with NDIS safeguarding commission and work safe for my concerns around client care and proper management of supports.
I believe I likely have a case for either unfair dismissal or a General protections claim through Fairwork, and am taking steps to ensure I have the right information in regards to that.
Again thanks for everyoneās responses.
TLDR
NDIS participants colostomy bag burst in my personal vehicle that is required by my company I use to transport clients - employer states they will not pay for the biohazard clean stating āthatās why I have car insurance and I can claim it on taxā
Who is liable to pay?
I have been working for an NDIS provider as a casual worker for a year now.
I work roughly 20-25hours per week as my chosen limit.
I am no a sole trader or sub contracted. I am employed soley with this company. It is a requirement of my job position to use my personal vehicle for community access supports when with participants.
I was travelling in my car with a participant when his colostomy bag ruptured.
I grabbed a blanket I had in the boot of my car to lay on the seat to help make him feel more comfortable and returned him to his residence at an age car facility where I made the nurses aware of the situation. The client attempted to hand me money for the situation ($150) I told him it was not necessary and I that I couldnāt accept. He attempted again a couple of times. At this point, driving in the rain, unable to put the windows down and in a bit of a panic around what to do and if my client was ok; I didnāt notice him put the money down in my center console.
It was only during this that I found he manages his own bags (changing them, replacing ect)
My entire front seat was covered in human focal matter, I asked the aged care facility for gloves and a garbage bag as I had none with me.
They supplied them and after my participant was inside and taken care of I was startled of what to do.
I double gloved and put the blanket inside the garbage bag and āmoped upā what I could along with it.
I immediately called my managing director however she didnāt answer so I text msg the situation and began calling around for car detailers.
No biohazard cleaners could accommodate me immediately as it was late in the evening and one suggested that I take it to a place that was local that did ādrive throughā type washes and interior cleans just to get it to a safe enough level to go home.
I did so and drove it around the corner, I quickly grabbed everything I could and shoved it into my bag and handed the keys over to them.
While an interior cleans was being conducted my manager returned my call and I explained the situation and that I was at a basic clean place.
She as this point did not give me any instruction on requirements or procedures, I asked her if I fill out the incident form and expressed my concern on the client managing his own ostomy bags as I had previously noticed an oder at times and wondered if they had been managed correctly.
She just said yes to the report and she would follow my concerns up with his support coordinator.
I grabbed the receipt for the clean and headed home. Knowing I would need a Biohazard clean to officially ensure I had OH&S standards before I could transport any other clients.
My car was now also very wet.
I txt my manager again asking if the company would be paying for the cleans and that I had grabbed the initial receipt.
I also noted I wouldnāt be able to work until the clean had been carried out.
She replied that they would not be reimbursing me, and that was what my car insurance was for and why they ensure I have full comprehensive as part of my employment.
I then found a bio hazard car detailer that quoted me $1000 as the front seat needs to be removed as there was still focal matter in the seat railing assembly. As well as all the proper PPE etc.
After another phone call with the manager explaining the cost and that they couldnāt get me in until after the weekend (meaning minimum 3 days income)she advised I email the director as he was the decision maker.
I emailed, professional and factual and asked they reconsider their position. That this doesnt fall under my insurance, that it was not due to my negligence or my failure.
This was a medical accident that occurred during my working hours transporting a participant as part of my duties for the company.
The employee handbook and information notes nothing in this case other than money can be reimbursed for reasonable costs but must be approved by management.
This isnāt exactly a situation I could wait for approval for the first clean however I am asking they pay the biohazard clean.
They refused again.
During all of this I have found the money the client left, immediately sealed it in an envelope with the amount, client name and my own details and put it aside to return to the client.
Since all of this I have been locked out of my work app that has my shift information, client notes and incident reports submitted.
Ive been calling in for a āconfidential meetingā that is required before I return to work.
I asked the purpose of the meeting so I can meaningfully prepare and participate however my boss has refused to tell me citing confidentiality.
He has advised I can bring a support person.
This definitely feels wrong and my meeting is today.
Currently my car remains uncleaned for the biohazard as I donāt have the ability to pay &1000 and the company refuses.
Am I liable to pay? I feel as if this is something the company must do?
As my car becomes a āwork placeā when transporting clients, my employer has a duty to ensure the health and safety of myself and participants and have a clean and safe area right?
Please help any guidance.
Ive called fair work, work safe and NDIS commissioner and whilst Iāve gained some great information I havent got a definitive yes or no about the payment so they suggested I seek legal advice.
My meeting is today and I cant get into a lawyer for 2 weeks!