Section 29(1)(b)
MISCONDUCT DISCHARGE, Mistake in dispensing drugs, Negligence, Pharmacist
CITE AS: Dennis v World Medical Relief, Inc, No. 80-203-174 AE, Oakland Circuit Court (January 16, 1981).
Appeal pending: No
Claimant: Walter T. Dennis
Employer: World Medical Relief, Inc.
Docket No: B78 17133 66997
CIRCUIT COURT HOLDING: Where the negligence of a pharmacist is coupled with an indifferent attitude toward error, the claimant is disqualified for misconduct discharge.
FACTS: A pharmacist was discharged by his employer. "Reasons given for Plaintiff's discharge were that he improperly labeled a prescription (confusing dalmane with valium) and that after being informed of this error, he reacted indifferently."
DECISION: The claimant is disqualified for misconduct discharge.
RATIONALE: "In the case at bar, the claimant's initial error might be simply deemed an innocent mistake in improperly filling a prescription and mislabeling the same. When the mistakes, however, were brought to the claimant's attention, he responded by saying that 'it wouldn't have hurt her anyway.'"
"The Referee found, and this Court agrees, that this was more than a matter of mere negligence. The negligence coupled with the indifferent attitude elevated the acts of the claimant to support a finding of manifest and intentional disregard of employee's duties."
11/90
3, 14:NA