The right to demand reason for refusal to work overtime

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Reference no: EM132209758

Hanna Banana, a registered nurse has been with Apex Hospital for eight years. For five consecutive years, she was awarded Model Employee. Things changed in 2015 in her sixth year of employment when she became an absentee employee.

The HR records showed that Hanna was absent 10%, 16% and 26% respectively for the years 2015, 2016 and 2017. However, unlike other absentee employees, her absences were genuine and verifiable. On all these occasions, no formal warning /notice was given to her.

On January 15, 2016, she together with five other nurses were required to render overtime work on a Saturday due to the increase in the number of dengue patients. They all agreed except Hanna who cited "personal reasons" for her refusal to work.

On January 19, 2018, her supervisor with the concurrence of the manager terminated her employment for frequent absenteeism. She did not contest her attendance record but instead contemplated on suing the hospital for illegal dismissal. She pointed out a section in the policy manual which states that employees will be warned for absenteeism before they are terminated. Management maintains that warning her would serve no purpose as she was unable to prevent her continued illness from occurring. Her refusal to work overtime indicated lack of concern for her job.

Discuss:

1. What role, if any, did her past performance play in this particular case? Explain.

2. Does management have the right to demand the reason for refusal to work overtime?

3. Evaluate the reasons given by Hanna and management. If you were a member of the peer review complaint committee, whose side would you take and why. Support your answer with the facts of the case.

Reference no: EM132209758

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