護理人員無法輪值夜班遭撤正職之侵權訴訟【寰宇醫事裁判】 試閱
Lawsuit over Infringement of Rights: Nursing Staff Dismissed from Full-time Positions for Refusing Night Shift Rotations
原告X任職於被告Y院擔任正職護理師，因其丈夫轉調外地工作，夜間將無人看顧小學四年級之子女，是原告向被告申請夜班勤務申請。被告以原告申請不符院內減免規定為由拒絕之，並詢問原告無法夜班執勤之期間多長、得否至少每月兩次夜班執勤，但均未獲原告正面回應。是被告表示若無法夜班執勤，且尚無可能調動至無夜班之職務部門，僅能轉為約聘或兼職員工。原告以被告違反職場環境配慮義務，且違法勸誘或強迫退職，而依債務不履行請求被告賠償損害。法院認為，原告情形確實不符院內減免夜班勤務規定，且被告亦提出減免夜班之方案，係因原告不為確答而始被告無法履行其義務，是原告請求並無理由。
Plaintiff X was employed as a full-time nurse at Defendant Y Hospital. In the context of her husband’s job transfer to a different location, the issue arose of her fourth-grade child being left unattended at night. Consequently, the plaintiff submitted an application to the defendant for exemption from night shift assignment. The defendant rejected the request, asserting that it didn’t satisfy the hospital’s exemption criteria. The defendant inquired as to the duration of the plaintiff inability to work night shifts and whether she could perform at least two night shifts per month, but received no clear response. The defendant then asserted then if the plaintiff was unable to work night shifts and no transfer to a department offering night shifts was feasible, she could only be converted to a contract or part-time employee. The plaintiff alleged that the defendant had violated its duty of care and had unlawfully induced or coerced resignation, seeking damages for breach of contract. The court determined that the plaintiff’s circumstances didn’t align with the hospital’s stipulated criteria for exemption from night shifts. Moreover, the defendant had proposed an exemption plan, but the plaintiffs failure to provide a definitive answer prevented the defendant from fulfilling its obligation. Consequently, the plaintiff’s claim was adjudged to lack reason.
087-093
