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Nurse
with painful neck injury
wins £79,000 damages
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A
nurse who damaged her neck lifting a patient
was awarded £79,094 damages by the
Court of Session.
The 46 year old woman, who worked as an
auxiliary nurse for a Health Board, visiting
elderly and sick patients at home, suffered
a disabling neck injury as she tried to
lift a 10 stone stroke victim into his bed.
The pain she suffered was at times so bad
that she had to be prescribed heroin to
ease the pain. She said in evidence that
the injury was so severe she could not lift
more than a pot of vegetables and was sometimes
unable to get out of bed due to the pain.
Lord Rodger said: "It is plain that
her life has been completely altered by
the accident and that since August 1990,
with the exception of a few months after
an operation in 1991, she has suffered pain
on a continuing basis. Her condition is
likely to remain the same for the foreseeable
future. Prior to the accident she was an
active woman."
He also said that the Health Board now recognised
that in some cases two nurses were required
to lift certain patients and that the patient
involved in the incident fell into that
catagory.
"The health board was therefore
in breach of it's duty to take reasonable
care to provide a safe system of working
and she suffered injury as a result. I am
satisfied that she would not have been injured
if someone else had been assisting and had
been able to share the strain."
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New
job and £27,000
for sacked NHS manager
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An
industrial tribunal found a Healthcare NHS
Trust guilty of unfair dismissal after a
man was made redundant following a review
by a newly appointed manager.
The man had worked for the NHS for 24 years
and was only two years away from being eligable
for early retirement when he was made reduntant
despite the fact that his post did not come
under the remit of the review and that he
was willing to take another, lower paid
position to enable him to stay with the
trust.
The tribunal found the dismissal unfair
concluding that the operations director
had made up his mind that he 'had to go'
and there was nothing he could have done
to prevent this.
The tribunal ordered the man to repay the
redundancy money he had received but awarded
him compensation and ordered the trust to
re-instate him in his former position.
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Council
charged after fireman
loses foot in fire
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Grampian
Regional Council, the authority responsible
for Grampian Fire Brigade have become the
first in the UK to be fined for failing
to provide suitable training for it's fire
fighters.
A Fireman's foot was amputated by machinery
when he slipped whilst fighting a fire in
a grain dryer in August 1994. Contrary to
standard training no-one had attempted to
stop him entering the dryer before the machinery's
power source had been disconnected.
Sheriff McLerman said: "It seems to
me that neither of the two leaders there
were adequately trained. The risk did not
seem to occur to either of them."
He also critisised the effectiveness of
the brigades training and suggested that
future training should include decision
making skills for those in positions of
leadership.
The Council were fined £2000 at Peterhead
Sheriff court. Sheriff K. McLerman imposed
only a nominal fine as steps had been taken
rapidly to ensure better training of firefighters.
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'Poisoned
mug' victim
gets £55,000 damages
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A
woman successfully sued the landlords of
a public house where she contracted lead
poisoning after drinking from a painted
cup.
She
yesterday accepted £55,000 in damages
from the landlords.
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A
driver who was sacked after receiving a
shoulder injury was awarded £12,537
by an Inverness industrial tribunal yesterday.
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Garage
worker wins
unfair sacking case
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A
21 year old garage worker who was forced
to wear a hat to cover his 'skinhead' haircut
and a plaster over his pierced nose was
unfairly sacked for not coming in to work
on his holiday.
The garage worker accepted the 'small minded'
attitude of his employers to his appearence
and made the concessions in order to placate
his employers.
He
was fired when he refused to return to work
during his holiday to rectify a mistake
he had made whilst working on a customers
brake system.
The industrial tribunal in Glasgow found
his employers, guilty of unfair dissmissal.
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