134
annual report 2011
20-2. Revocation of decision that complaint about
employee would have no consequences
A local authority received a verbal complaint that an employee had acted in
appropriately towards a colleague. The local authority informed the employee
that the complaint would have no consequences for him. A written complaint
was subsequently lodged which led to the local authority obtaining witness
statements about the incident. The local authority then revoked the favourable decision that no further action would be taken in the matter and gave the
employee a reprimand.
The Ombudsman stated that the revocation was based on a reassessment of the
information already available and that there were no considerations sufficiently
weighty to justify a revocation of the decision. The local authority had also
neglected its duty to take notes by not taking notes about the verbal complaint
and the verbal witness statements. The Ombudsman recommended that the
local authority reopen the case.
(Case No. 2009-3418-812)
20-3. Summary dismissal due to criminal conviction
A doctor complained to the Ombudsman because he had been summarily dismissed from a hospital position due to a previous criminal conviction. The Ombudsman could not criticise the Region’s view that the doctor did not fulfil the
decorum requirement for the position as doctor at the hospital. However, the
Ombudsman did criticise several elements of the Region’s decision and recommended that the Region reopen the case in order to decide whether the Region
could dismiss the doctor summarily or whether he should have been dismissed
with the usual notice.
(Case No. 2009-3690-810)
20-4. Local authority’s actions in relation to
appointment of previously convicted persons
and in relation to requesting and registering
criminal record certificates
A newspaper article wrote of a man who had applied for jobs with the local public swimming baths and as a substitute teacher at the local schools. The article
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