A win in the Labour Court – we obtained compensation for a resident doctor dismissed from work

A win in the Labour Court – we obtained compensation for a resident doctor dismissed from work

On 7 January 2021, the Regional Court in Zielona Góra handed down a judgment upholding an appeal filed by Anna Piotrowska-Musioł, attorney-at-law, and Paulina Kozłowska, attorney-at-law, on behalf of a resident doctor dismissed from his job on disciplinary grounds. The court of second instance changed the judgment of the District Court in Nowa Sól in its entirety and awarded compensation to the employee for the unlawful termination of the employment contract.

The above decision was made in the following factual situation.

The employee, who is a doctor undergoing specialization training in a medical establishment, was obliged by his employer to be on duty in the Night and Day Care Clinic. The resident doctor had an employment contract concluded with the Hospital for a specified period (the period of residency) and, as a person preparing for independent practice of the medical profession, was obliged to provide services covered by the specialisation programme. The employee did not have a separate agreement with the Hospital for the provision of health services within the framework of night and holiday health care. In the resident doctor’s opinion, the duty order had not been effectively issued, as a result of which the doctor had not been on duty. Consequently, the employer terminated the contract with him, without notice, through his fault.

Not agreeing with the decision of the hospital management, the resident doctor took the matter to court.

The decision of the Regional Court in Zielona Góra is final and not subject to appeal.

By clicking "Accept cookies", you consent to the storage of cookies on your device in order to improve site navigation, analyze the use of the site and help with our marketing activities.

Skip to content