Kisumu court has ordered a private facility in to pay a medical consultant Sh16 million for wrongful dismissal.
Maxcure Hospital Limited was directed to pay Dr Jigar Patel who was employed as a Consultant Physician for a two-year fixed-term contract via an appointment letter dated September 13, 2021.
Patel in his oral testimony told the court that he was asked to do unnecessary tests, hospitalization, and CT-scan tests on patients to generate revenue for the Respondent Hospital, but he declined because it is against the Hippocratic oath.
He said this would have amounted to a breach of duty as a health care provider and goes against the Hippocratic oath and a breach of Section 12(2) of the Health Act.
However in her ruling, while declaring that Patel's termination was unfair, Justice Christine Baari awarded him Sh2,500,000 million for aggravated damages.
He was also awarded 5 months’ salary as compensation for unfair termination at Sh4,875,000 and a three-month salary in lieu of notice at Sh 2,925,000.
The court also awarded him Sh 5,850,000 million for Salaries owed for November and December 2021 and January to April 2022.
The Private hospital was also directed to cater for the cost of Patel's return ticket to India at a cost of Sh 141,922.
"The Respondent to issue the Claimant with a certificate of service and a letter of no objection," the judgement read in part.
