Father’s decision to fire son from family practice upheld

THE Labour Court has upheld a ruling that a father was correct in firing his son from his medical facility.

Daniel Shevel was found to have tried to crush his father’s business‚ The Headache Clinic‚ in Johannesburg, where he worked as an administrator.

“Things started falling apart around 2014,” court papers said.

“A family feud ensued between Daniel‚ on the one hand, and his father‚ Dr Elliot Shevel, his mother‚ his brother, Michael [also employed at the clinic] and his sisters, on the other hand‚” the court papers read.

“A number of incidents led to Daniel being suspended on October 27 2015.

“He [Daniel] says they arose because he was concerned about possible malpractice and the safety of patients – Dr Shevel disputes the motivation.

“Be that as it may‚ on November 19 he was called to a disciplinary hearing to face allegations of misconduct.”

The charges included gross insubordination after he threatened his father‚ tried to take over the business in a hostile manner and prevented his father from attending to patients. Daniel also hacked into staff e-mails. His disciplinary hearing was chaired by an independent party – an advocate of the Johannesburg Bar.

The disciplinary chairing proceeded from the uncontroversial premise that an employee owes a duty of good faith to an employer.

“He accepted that‚ despite Daniel’s protestations about his role as chief executive‚ control of The Headache Clinic could not be wrested away from Dr Elliot Shevel, as the sole director and shareholder,” the court papers said.

“Dr Shevel is personally [liable] for the actions of the company‚ being a personal liability company.”

Daniel‚ however‚ argued that he had acted in the best interests of the patients and the business.

He claimed that he was entitled to take control of the company as he accused his father of medical malpractice‚ despite the fact that he is not a medical professional.

He further admitted to removing certain backup computer discs from the company server, but defended himself by saying he had intended to give these to the Health Professions Council of SA‚ where he was to report his father.

Following the hearing‚ the disgruntled son was fired and tried to challenge his dismissal at the Commission for Conciliation‚ Mediation and Arbitration (CCMA), but conciliation failed.

Daniel approached the Labour Court to have the CCMA ruling reviewed and set aside, but failed.

“The relationship between them has completely broken down. I see no reason to differ [from the CCMA ruling]‚ ” the judge found.