The Labour Court has upheld a ruling that a father was correct in firing his son from his medical facility in Johannesburg.
The son‚ Daniel Shevel‚ was found to have tried to crush his father's business‚ The Headache Clinic‚ where he worked as an administrator.
"Things started falling apart around 2014. A family feud ensued between Daniel‚ on the one hand‚ and his father‚ his mother‚ his brother Michael (also employed by Dr Elliot Shevel) and his sisters on the other hand‚" court papers read.
"A number of incidents led to Daniel being suspended on 27 October 2015. He says that they arose because he was concerned about possible malpractice and about the safety of patients; Dr Shevel disputes the motivation. Be that as it may‚ on 19 November 2015 he was called to a disciplinary hearing to face … allegations of misconduct."
The charges included gross insubordination after he threatened his father‚ tried to take over the business in a hostile manner and prevented his father from attending to patients. He had also tried to persuade some of the clinic staff to go on strike.
He further removed some of the clinic property without permission and hacked into staff e-mails.
His disciplinary hearing was chaired by an independent party – an advocate of the Johannesburg Bar. The disciplinary chair proceeded from the uncontroversial premise that an employee owes a duty of good faith to an employer.
"He accepted that‚ despite Daniel’s protestations about his role as CEO‚ full control of The Headache Clinic could not be wrested away from Dr Elliot Shevel as sole director and shareholder. Dr Shevel is personally liability for the actions of the company‚ being a personal liability company‚" the court papers read.
Daniel‚ however‚ argued that he had acted in the best interests of the patients and the business. He claimed that he was entitled to take control of the company as he accused his father of medical malpractice‚ despite the fact that he is not a medical professional.
He further admitted to removing certain backup computer discs from the company server but defended himself by saying he had intended to give these to the Health Professions Council of South Africa‚ where he was to report his father.
Following the hearing‚ the disgruntled son was fired and tried to challenge his dismissal at the Commission for Conciliation‚ Mediation and Arbitration (CCMA) but conciliation failed. He referred the dispute to arbitration‚ where it was found that the dismissal was substantively and procedurally fair.
Daniel approached the Labour Court to have the CCMA award reviewed and set aside but failed.
"The relationship between them has completely broken down. I see no reason to differ [from the CCMA ruling]‚ " the judge found.
Father's decision to fire son from family headache practice upheld by courts
The Labour Court has upheld a ruling that a father was correct in firing his son from his medical facility in Johannesburg.
The son‚ Daniel Shevel‚ was found to have tried to crush his father's business‚ The Headache Clinic‚ where he worked as an administrator.
"Things started falling apart around 2014. A family feud ensued between Daniel‚ on the one hand‚ and his father‚ his mother‚ his brother Michael (also employed by Dr Elliot Shevel) and his sisters on the other hand‚" court papers read.
"A number of incidents led to Daniel being suspended on 27 October 2015. He says that they arose because he was concerned about possible malpractice and about the safety of patients; Dr Shevel disputes the motivation. Be that as it may‚ on 19 November 2015 he was called to a disciplinary hearing to face … allegations of misconduct."
The charges included gross insubordination after he threatened his father‚ tried to take over the business in a hostile manner and prevented his father from attending to patients. He had also tried to persuade some of the clinic staff to go on strike.
He further removed some of the clinic property without permission and hacked into staff e-mails.
His disciplinary hearing was chaired by an independent party – an advocate of the Johannesburg Bar. The disciplinary chair proceeded from the uncontroversial premise that an employee owes a duty of good faith to an employer.
"He accepted that‚ despite Daniel’s protestations about his role as CEO‚ full control of The Headache Clinic could not be wrested away from Dr Elliot Shevel as sole director and shareholder. Dr Shevel is personally liability for the actions of the company‚ being a personal liability company‚" the court papers read.
Daniel‚ however‚ argued that he had acted in the best interests of the patients and the business. He claimed that he was entitled to take control of the company as he accused his father of medical malpractice‚ despite the fact that he is not a medical professional.
He further admitted to removing certain backup computer discs from the company server but defended himself by saying he had intended to give these to the Health Professions Council of South Africa‚ where he was to report his father.
Following the hearing‚ the disgruntled son was fired and tried to challenge his dismissal at the Commission for Conciliation‚ Mediation and Arbitration (CCMA) but conciliation failed. He referred the dispute to arbitration‚ where it was found that the dismissal was substantively and procedurally fair.
Daniel approached the Labour Court to have the CCMA award reviewed and set aside but failed.
"The relationship between them has completely broken down. I see no reason to differ [from the CCMA ruling]‚ " the judge found.
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