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Where the reason for dismissal concerns business reorganisation rather than individual fault, there is a statutory right for employees with a qualifying period of continuous service to claim redundancy payments based on the number of years of service. In some cases of economic dismissal, the reason for dismissal may not fall within the statutory concept of redundancy, but in such cases dismissal can be regarded as fair as dismissal for some other substantial reason. There is statutory protection for wages and some compensation for dismissal in the event of the employer’s insolvency. Dismissals in connection with the sale of the business or outsourcing to a different contractor are automatically unfair dismissals unless the transferor or transferee can demonstrate that the workers were dismissed for redundancy unconnected to the sale.
The aim of this study was to describe the planning, implementation, and outcome of an acute care physician supplemental workforce during the local coronavirus disease 2019 (COVID-19) surge at a 771-bed academic medical center, from March 25 to May 5, 2020, in New Jersey, United States.
Methods:
The Department of Medicine sought participation by “independent” and redeployed “employed” physicians to provide acute hospital care, as well as assistance with occupational health and family communication. Plans addressed training, compensation, clinical privileges, malpractice, and collaboration with the existing hospitalist service.
Results:
Redeployed employed physicians (81% internists) selected either acute care (n = 68; median age, 52 y [range, 32-72 y]; 28% female) or non-face-to-face supportive roles (n = 69; median age, 52 y [range, 32-84 y]; 28% female). The redeployed physician group totaled 474 twelve-h daytime shifts typically caring for 10 patients per day. Six employed physicians refused redeployment, and only 3 independent physicians participated (all acute care). Of note, COVID-19 infection occurred in 10 hospitalists and intensivists, and in several redeployed physicians.
Conclusions:
Successful physician workforce staffing for medical disasters, such as the COVID-19 pandemic, requires consideration of personal risk, as well as medicolegal, financial, and clinical competency issues.
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