- 一名服务了 26 年的高级医院护士因迟到超过四年而被解雇。她之后到工业法庭投诉。
- 她甚至在一次的书面答复中肆无忌惮地说她不能准时，因为她就是没有办法那样做。院方也曾经基于她未能准时上班的行为而将她停职五天。 她的迟到甚至引起了其他护理人员的不满，因为他们不得不等她上班后才能下班。
- 在工业法庭的听证会上，护士声称她有健康问题，因此她习惯性迟到的原因。 然而她无法提供任何医药报告来作证。
Employee’s Late-coming Causes Problems to Colleagues
- A senior hospital nurse with 26 years’ service was dismissed for lateness over a four-year period.
- The Hospital claimed, “the Hospital’s position that the claimant was in the unhealthy habitof challenging and defying the management’s instructions and directions pertaining to her consistent late coming and failureto clock out regularly, in that she persistently refused to do the
- She routinely wrote replies to the H.R. Director’s many written admonishments to her but never disputing her constant and habitual late coming. She consistently used the same reasons and excuses for her habitual tardiness such as heavy traffic,road works and such like situations on the road and the distance between her home and the Hospital.
- She even had occasion in her written replies to the Hospital to state brazenly that she was unable to be punctual because: “I did not start early like you suggested to me” and “Please don’t stress me”.
- The nurse had been issued with many written warnings, and even a five-day suspension without pay for failing to attend work on time. Her lateness had caused dissatisfaction amongst the other nursing staff who had to wait for her to arrive for her shift before they could leave work.
- During the Industrial Court hearing, the nurse claimed that she had a medical condition which was partly the cause of her habitual lateness. However, she had never discussed this condition with her employer, nor did she bring to Court medical proof of it.
- The Court said,” Here the claimant elected to persist in her late coming regardless of the numerous admonishments of the management of the Hospital. If this is not blatant, nay arrogant, insubordination, nothing is!
- In other words, her refusal to comply
with clear and unequivocal instructions, advice and warnings fromthe Hospital can, in the circumstances, be equated to deliberate insubordination in the face of the valid and legal exercise of management prerogative; and so be it the ruling of this court …
- Many opportunities were afforded to the claimant to meet anddiscuss her issues with her superiors but each time, those chances were rebuffed by the claimant for reasons best known to herself, and in any case seemed, on each occasion, to be of a purelypersonal nature and peculiar perspective.”
- The Industrial Court upheld the dismissal.
- Employee Misconduct CLJ PUBLICATION
- Vasantha Permalu v Adventist Health Service(M) Sdn Bhd, Industurial Court Award 618/2018
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