Nikla Sumesar-Rai v AXA ICAS Limited

05 March 2021
Judgement on JLIB website


unfair dismissal wrongful dismissal

Ms Sumesar-Rai is an experienced Nurse and Occupational Health Advisor. Due to an administrative error, a patient attended an appointment for a booster vaccination 4 months earlier that they should have. Contrary to the employer’s Protocols, Ms Sumesar-Rai administered the booster vaccination, potentially diminishing the effectiveness of the vaccine. The patient’s employer who was sponsoring the vaccination, complained to Ms Sumesar-Rai who maintained that she did nothing wrong. The client then escalated the complaint, and a full investigation was launched, which found similar incidents had happened before. After a full disciplinary procedure, Ms Sumesar-Rai was summarily dismissed for gross misconduct. Ms Sumesar-Rai appealed, but after a hearing, the dismissal was upheld.