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Mr. Phalole Case Analysis

Decent Essays

Analysis of evidence and arguments 31. In this case, Mr. Phalole was dismissed for using employer’s property for unauthorized purposes i.e. administering flagyl and augmentin antibiotics on himself on 1 December 2013. Ms Tandy testified that Mr. Phalole was also found in possession of propofol and before the incident used a laughing gas. This cannot be sustained because Mr. Phalole was not dismissed for being in possession of propofol and using laughing gas. 32. Mr. Phalole admitted that he was guilty of using employer’s property for unauthorized purposes i.e. contravening the rule. He, however, testified that the decision to dismiss him was harsh. 33. To determine whether the dismissal was an appropriate sanction, I am required to …show more content…

Ms Tandy and Ms Grobbelaar testimony that Mr. Phalole acted contrary to his profession ethics was not in dispute. This makes Mr. Phalole’s action on the day in question serious. Even though Mr. Pholole’s reasons for opting for use of intravenous antibiotics are logical, self-medication posed a risk to him and compromised the respondent’s operational standards. Ms Tandy’s evidence that Mr. Phalole locked himself in the room is not sustainable. Mr. Phalole testified that he was sitting on chair, and a drip was fixed on a wall. He said that the door can only be locked by using a key. It is unlikely that Mr. Phalole would able to lock the …show more content…

Mr. Globbellar testified that a trust relation with Mr. Phalole is broken down. However, she conceded that she did not work with Mr. Phalole. The respondent decided not to call Sister Malindi, who is Mr. Phalole’s direct supervisor to testify. Is a trite law the failure to call a witness that is available and able to explain the facts lead to the inference that one fears that such evidence will expose facts unfavourable to one’s case. Ms Tandy testified that the nurses have a good working relationship with Mr. Phalole. Mr. Phalole also confirmed that he had a good working relationship with supervisor and work colleagues. There was no evidence showing breakdown in the relationship between the

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