Radboudumc may not dismiss a medical specialist | Inland

Radboudumc had requested that the employment contract be terminated due to the medical specialist not functioning properly. The scientist appealed against this.

“There has been no evidence of dysfunction that justifies a dissolution,” the court ruled. The doctor has been at Radboudumc since 1987 and was pillar chair of the Gynecological Oncology team since 2003. “He is known as a leading scientist and excellent medical specialist. He also never received any criticism with regard to his functioning as pillar chairman until mid-2018, ”said the court.

Negligence

An external agency then conducted an investigation into the climate within the team and the leadership style of the medical specialist. “As a result of this, Radboudumc apparently wanted an improvement in the functioning of the medical specialist in that area. However, she failed to make this sufficiently concrete for him and did not give the medical specialist the opportunity to improve his performance as pillar chair, ”said the court of appeal.

According to the court, it will take an effort to restore the employment relationship. “But that does not mean that there is such a disruption in the employment relationship that it must lead to termination of the employment contract. No dissolution is possible on that ground either. “

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