Tribunal finds dismissal of private hospital matron 'unjust'

A former matron at Capua Hospital has been awarded Lm5,000 compensation after an industrial tribunal ruled that her employment had been terminated unjustly.

Maurice Petrocochino, chairing the tribunal, dismissed the argument brought forward by the hospital which claimed that Mary Borg's employment had been terminated for redundancy reasons.

The tribunal heard how on February 1, 2001, Borg was warned, both informally and in writing, that her employment would be terminated if she did assume control of her own duties.

She was given six weeks to make the necessary improvements after which she was to be evaluated.

The tribunal also heard how the hospital director had appointed a fact-finding commission after receiving sensitive and worrying information regarding certain members of the nursing staff. The commission was chaired by Dr Dennis Soler.

The commission's terms of reference, among other things, included determining the present functions and activities of nurses Sr Dorothy Scicluna, Rebecca Cachia Fearne and Eric Grech and determining whether their activities had resulted in any problems that could have disturbed patient care.

The commission was to also determine whether Borg was aware of their practices and what measures was she taking in order to restore order and safeguard patient care and to determine the standard of nursing and accountability/responsibility for shortcomings, if any, identified in management systems and patient care.

The commission's report showed that Borg was aware of the other nurses' practices and that she might have turned a blind eye to some of them.

The tribunal also heard how the commission's chairman noted that the role of the matron was not giving the desired effects and that in his opinion the pyramid structure within the hospital had to be changed to a flat-based one.

He added that if an authority did not maintain order and provide leadership then it would be better not to have that authority at all.

Eventually Borg's employment was terminated and Capua Hospital claimed that was done for redundancy reasons.

The tribunal also heard Borg explain that since the beginning of 2001 she had started noticing a change in the director's attitude towards her.

She said that when the fact-finding commission was set up, she was only questioned by the chairman and one member.

On March 30, 2001, the director informed her that her employment was to be terminated because the commission's conclusions indicated lack of control in her duties.

During that same meeting the director gave her a letter saying her employment was being terminated because there was a need for restructuring which, in turn, led to the abolition of her post.

The tribunal ruled that the evidence produced showed that the matron's work was being divided among several people.

The tribunal dismissed the management's thesis of redundancy after ruling that it seemed like the management's decision for restructuring was not affected by Borg's shortcomings.