Labour Court recommends review of hospital worker’s dismissal after Medical Council findings

The Labour Court recommended that St Vincents University Hospital and an anonymous worker review his dismissal after the Medical Council makes findings on a complaint concerning his conduct. The recommendation was signed on 19 October 2012. The worker did not deny the incidents that led to his dismissal for gross misconduct. He said he had a heavy workload, had worked beyond the European Working Time Directive and believed a written warning would have been more proportionate. He said his actions were motivated by patient care. The hospital said an investigation found inappropriate conduct and a lack of responsibility around policies and procedures. The Court said the later incidents were serious but left assessment of their gravity and the worker’s culpability to the Medical Council. It recommended that the parties meet to review the sanction in light of the Council’s findings; either party could refer the matter back to the Court.