MEDICAL PRACTITIONER'S RIGHT Sample Clauses

MEDICAL PRACTITIONER'S RIGHT. OF APPEAL A decision to terminate the contract or to impose other disciplinary action pursuant to para. 30(3) may be appealed by the medical practitioner to a tribunal to be established for this purpose in which case the notice of termination or of other disciplinary action shall not take effect unless and until the termination or penalty is upheld by the GMS Tribunal. The GMS Tribunal shall consist of one person nominated by the Irish Medical Organisation and one person nominated by the Minister for Health & Children and a chairman who shall be nominated by the Chairman of the Employment Appeals Tribunal from amongst the vice-chairmen of that Tribunal. In deciding its procedures and reaching its decisions the GMS Tribunal shall have full regard to the practice and criteria of the EAT except where these are in conflict with the terms of this contract. Where the Tribunal finds that the termination of the contract would be unfair it shall order the withdrawal of the notice of termination, except where the medical practitioner specifically requests financial compensation instead. The Chief Executive Officer shall comply with the decision of the GMS Tribunal. The GMS Tribunal may decide to uphold the disciplinary action against which the doctor has appealed or to impose disciplinary action other than that imposed by the Chief Executive Officer where they confirm a serious breach of the agreement. The members of the GMS Tribunal shall be appointed for terms of office of three years. If either party fails to nominate its member the chairman may act on his own.
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