Careful contract assessment can save the day
Clear and transparent terms in a contract cannot be argued with, so both sides should always ensure they know where they stand…
A dentist left a dental practice where he had worked for several years. A withholding of money was made by the practice on the contention that a number of patients had presented with unsatisfactory work that had to be provided by the outgoing employee and which now needed re-doing.
Subsequent examinations of the patients and their dental records demonstrated that while some of the work was open to criticism, most of it was not. There was nothing in the contract of employment that allowed for such a withholding and the practice was at risk of an action under employment law (labour law) of an abuse of the employee’s rights.
After consulting Dental Protection, the owners of the practice agreed that the sum due should be paid in full. The dentist subsequently refunded a proportion of the monies in relation to the remedial work as his original salary had been calculated as a percentage of his gross earnings.
Careful assessment of any contract is important before signing up for a new job and professional advice may well be required to resolve a disagreement.
These case studies are based on real events and provided here as guidance. They do not constitute legal advice but are published to help members better understand how they might deal with certain situations. This is just one of the many benefits Dental Protection members enjoy as part of their subscription.
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