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Wrongful Dismissal Case Analysis Nursing

Wrongful Dismissal Case Analysis Nursing

Wrongful Dismissal Case Analysis Nursing

QUESTION
Henry was an environmental engineer working for a Mementos Community Hospital: Henry had been with the organizations for the past twelve years. One day, he was dismissed without notice. His supervisor, Ms. Danton had claimed that Henry was incompetent and useless.

Henry never had any difficulty in the past and only had excellent nursing reviews in his file, until the present time. Henry made a decision that he was going to sue the hospital for wrongful dismissal, and had a time limit for sending in a claim of employment which was within the three months of the time of dismissal.

The attorney instructed Henry that they must be guided by appropriate laws and regulations of the organization and of the law. Constant communication between the attorney, the hospital, and the dismissed employee was critical. If the employer has broken the contract without notifying the employee, the employee has the right to take action for wrongful dismissal.

The attorney that Henry had hired wanted to focus on three major issues:

The Disciplinary Process and Procedures
The Reason for the Dismissal
Dismissal and Contract Law
Damages for a Dismissal of a Wrongful Action
Redundancy Pay
Conclusion: Henry did not win his lawsuit for wonderful dismissal. Why?

The case study analysis is to be broken down into the following steps.

1. Identify the most important facts surrounding the case.
2. Identify the key issue or issues.
3. Specify alternative courses of action.
4. Evaluate each course of action.
5. Recommend the best course of action.
Wrongful Dismissal Case Analysis Nursing

ANSWER
Wrongful Dismissal Case Analysis Nursing
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Wrongful Dismissal Case Analysis Nursing
In any employment field, there are cases of wrongful dismissal owing to several viable reasons. Matters that may lead to work termination are a breach of contract, unethical code of conduct, and failure to carry out the duties as stipulated by the organizational and professional nursing policy. In this Case, Mr. Henry was dismissed due to incompetence, as the supervisor says. However, he was not notified before the dismissal that led to him seeking litigation. However, in such scenarios, the hospital must offer a prior warning or a notice before relieving him of his duties. Below is an overview of the Case’s critical aspects and an exploration of the possible alternatives Mr. Henry may pursue.
Important Facts Surrounding The Case
The Case pertains to a nurse who was wrongfully dismissed by the facility. A wrongful termination requires that one be fired for certain wrongdoing such as the breach of the contract or defying the code of ethics. In the Case, Mr. Henry was dismissed without notice or any verbal agreement with the employer. Besides, the worker has a right to get official notification of his dismissal. (Buchanan, 2019).
Secondly, if the employee had violated the hospital code of conduct, he would not be subjected to any disciplinary action but instead dismissed right away. So this poses the question of whether the facility has any disciplinary mechanisms in place. Thirdly, as per the contract law, the employee has an obligation to the hospital and vice versa. If one breaches the contractual agreement, the appropriate measures are litigation or consensus between the facility and the employee (Bogg, 2020).
The Key Issues
The key issue in the case study pertains to the wrongful termination from work. From the records, Mr. Henry was a very competent and determined employee. However, being dismissed without notice appears to be the likely key issue or area of contention. The failure of the Case or lawsuit may be attributed to the attorney’s inability to focus on the fact that the employee was wrongfully dismissed. If the worker had made any mistake, they should be notified and taken through the facility or professional disciplinary procedures. The cited reason is dismissal due to incompetence and lack of utility to the facility.
Alternative Courses of Action
Despite not winning the lawsuit, the nurse may ex0plore other options that may help resolve the Case. For instance, the nurse may appeal to the higher court and get another attorney who may represent him. Moving to appeal the decision may be beneficial, for it presents him with a chance to restructure the Case, particularly focusing on the facility’s failure to notify him. Moving to the Henry may also seek assistance from the worker’s union, who may intervene on his behalf. The unions advocate for employees’ wrongful dismissal or harassment at work (Buchanan, 2019).
Recommend The Best Course Of Action
The best course of action would be to seek the worker’s union’s assistance and draft an appeal against the failed lawsuit. The consequences of wrongful dismissal are loss of livelihood and the smudge on the worker’s professional pedigree. Thus the best course of action would be to seek the help of a worker’s union and get a new lawyer to represent him. Through the union, his grievances may be well-articulated as he has a valid case. Using a union is because it will be more effective in presenting that he was wrongfully dismissed.
Conclusion
Wrongful dismissals are a common occurrence in the nursing field. In such events, the main objective in resolving the ensuing employer-employee conflict is disciplinary measures, using a worker-union representative or seeking litigation. However, from the above situation, if one is unsatisfied with the decision of the courts, they may move to a higher court to seek assistance. Mr. Henry has a valid case because the employer did not adhere to the required conditions and issue a notice or reason for dismissal. Therefore, seeking a union’s help may be the most helpful recommendation Henry may seek to ensure that he gets his right.

References
Bogg, A. (2020). “Labour Law is a Subset of Employment Law” Revisited. Dalhousie Law Journal, 43(2), 8.
Buchanan, D. D. (2019). Defining Wrongful Dismissal: The Alberta Schism. Alta. L. Rev., 57, 95.

Wrongful Dismissal Case Analysis Nursing

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