A NIGHTSHIFT nurse accused of sleeping on the job has been awarded
#3790 compensation for her unfair sacking.
Jean Caldwell, 53, who was sacked from her job at Lanarkshire Spastics
Association's Braidwood House in Lanarkshire, said she may have dozed
off for a couple of minutes while watching a video but denied she had
fallen asleep.
An industrial tribunal in Glasgow heard that the home's deputy
manager, Mary McCutcheon, saw Mrs Caldwell with her feet up on the
lounge sofa with a blanket over her. She said Mrs Caldwell had her
glasses on, the TV was on, but her eyes were closed.
She returned a few minutes later and Mrs Caldwell's eyes opened. She
denied she had been sleeping, but after a disciplinary hearing was
sacked for unacceptable professional behaviour.
The tribunal heard that a colleague had reported to Mrs McCutcheon
that Mrs Caldwell was asleep.
Mrs Caldwell, of Heather Street, Caldercruix, Airdrie, said she had
been watching a video. Management said they would have taken no
objection to this.
In its findings the tribunal said there was no evidence which would
have justified a conclusion other than that she inadvertently and
unintentionally nodded off briefly.
The tribunal said there was certainly no evidence that she
deliberately settled down to sleep.
She was a woman with 13 years' service and no disciplinary record. The
worst management were entitled to believe was that Mrs Caldwell had
unintentionally dropped off.
The tribunal added that there was no satisfactory explantion as to how
she was in a better position to react to an emergency while watching a
video in the lounge than she would have been if she had momentarily
nodded off to sleep.
The tribunal ruled her sacking was unfair but found she was 50% to
blame as she failed to take sufficient steps not to fall asleep, for
however brief a period.
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