牙醫於任期內遭違法解僱之事案【寰宇醫事裁判】 試閱
Unlawful Dismissal of Dentist during Term of Service
原告X與被告Y簽訂5年的定期勞動契約，於Y經營之醫院擔任牙科主任。X於任期中遭Y以醫療工作上不適任，未履行對下屬的指導和監督職責等理由解僱。X向Y詢問解僱理由，Y僅表示收到工作人員之投訴，並拒絕揭示投訴內容。事後X起訴Y，請求確認雙方僱傭關係以及工資。法院詳細調查Y提出之理由，認絕大多數並非事實；此外沒有揭示投訴理由、未能及時糾正X不適切之醫療行為，以及未能給予X解釋機會，故解僱程序有瑕疵。最後法院認為Y應給付X工資與績效年薪。
The plaintiff X serviced as the dental director in the hospital run by the defendant Y, based on a labor contract with five years. During the service, X was dismissed by Y on the grounds that he was medically unfit to perform his duties and failed to supervise his subordinates. Being asked the issued reasons, Y stated merely that he had received a complaint from a staff member and refused to reveal the content of it. X sued Y subsequently, seeking confirmation of employment relationship and the salary. The Court investigated Y’s reasons in detail and found that most of them were not true. In addition, the dismissal process was flawed because it failed to reveal the reasons of the complaint, failed to correct X’s inappropriate medical practices in a timely manner, and failed to five X an opportunity to explain. The court concluded that Y should have paid X his salary and annual performance pay.
112-117
