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is there an abandonment of duty; breach of duty, negligence and insubordination happened in my case??

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raincygnus


Arresto Menor
last march 16, 2011 the incident happened. i am an ER nurse. i was on my way to work,it was 5:30am when my nursing supervisor made a phone call telling me that my shift was changed to 2pm - 10pm. since my co-nurse duty in the afternoon cannot report on her duty. it would be impossible for me to go back home since i am living in sta.rosa and my work is in san pedro. that time i was in binan already. my original schedule was 6am to 2pm.still i went to my work and asked the supervisor if i can go with my original duty. she said i may. at around 7am, the supervisor told me that i will go on straight duty. but i refused since i have personal obligations to do. so i help her to find a staff willing to extend their duty. when i found two persons willing to go on overtime, i inform her. its about noontime, the administrator did not approved the said plan. so the afternoon shift will go on single duty and they said "tiyagain nalang namin siya" because the afternoon shift was new to the area. at about 2:30pm, the new staff in ER and she is the afternoon duty, informed me that she cannot report on her duty. i informed my supervisor of the said problem. she said "walang aalis sa inyo". and she even said " wala kang choice kundi magstraight duty". i said that i cannot go to straight duty since i have personal matters to do. i even suggest to her that i can extend my duty until 6pm as an OT. she said nothing. a volunteer nurse went by and said she will be on duty at the ER in the afternoon as per permission of the supervisor. so i endorse to her and orient her with the necessary information as well as protocol and routines in the area. in fact, there was no patient that time at the ER and the stocks were replenished. aS a concern, i stayed in the institution for 2 hours eventhough the OT was unclear. until 4pm, no informations were handed down by the supervisor. exhausted and dizzy. i decided to leave the area since there was the volunteer nurse to receive my post. i even called the OR, since the supervisor always stay there. i called the OR and the phone was answered by an OR staff. i said to her "andyan po ba si Mam" she said "bakit?". i replied to her that "alis na po ako". she said "sige sabihin ko nalang". the day after my chif nurse, talked to me about the incident and charged me with abandonment of duty, negligence, breach of duty and insubordination.

thanks in advance..

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attyLLL


moderator
were you served a notice to explain, and you are to prepare your explanation?

the problem here is that you did not confirm that you were allowed not to render overtime. you should focus on finding evidence to prove your story; that you were allowed by your supervisor to just fulfill your original shift. that others were available to render OT, and that you informed them of it.

if nothing untoward happened, i would not think you should be terminated; at most a warning.


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raincygnus


Arresto Menor
after the incident we were summoned by the chief nurse, we were there to explained. but during the night of MArch 16, 2011. she was with the administrator and the supervisor, without further hearing our side, the judgment was rendered.it was a suspension of unknown duration. the supervisor did not communicate us during the incident after saying that "wala kang choice kundi mag-straight duty". no infos were handed down.

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attyLLL


moderator
and you are still suspended till now? i would say that is an unlawful suspension for lack of due process. i recommend you write a letter stating everything that happened and request that you be allowed to return to work. that way you have a record of what happened.


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raincygnus


Arresto Menor
the suspension has not yet been given... i gave them the written incident report but still there will be a suspension...

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attyLLL


moderator
and you are not being allowed to go back to work?

i don't refer to the incident report. write a letter addressed to management that you are protesting the absence of due process and basis for the suspension.


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