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A doctor dismissed for “serious misconduct”
THE CHALLENGE
A doctor is a partner and administrator in a medical non-profit organization with other doctors. As usual, this doctor goes to his office to see his patients.
Against all odds, he finds that he can no longer open the cabinet door because the locks have been changed without his knowledge. His possessions were also gathered in a box.
Back at home, he receives a letter of immediate termination of his contract for serious misconduct following a conflict with the other doctors who are members of the association.
At the time of sending the letter, the non-profit organization is also indebted to him for arrears of remuneration and a loan granted at the time of its creation.
THE STRATEGY
We note that the doctor has entered into a collaboration contract with this non-profit organization and that it can be terminated in the event of serious misconduct without notice or compensation.
In addition, the articles of incorporation of the ASBL provide that if the doctor’s collaboration contract is terminated for serious misconduct, the latter ipso facto loses his position as a member and administrator of the ASBL.
This explains why the doctor was declared persona non grata of the association overnight. The allegations in support of serious misconduct are disputed and do not appear to be proven.
Furthermore, the documents in the file make it possible to establish, with sufficient certainty, debts arising from the loan and the unpaid invoices.
We therefore decide not only to take action before the Company Court to obtain payment of the amounts due, but also to carry out the following seizures in the meantime:
- A precautionary bank garnishment to block all the accounts of the non-profit organization (freezing of existing resources);
- A protective garnishment, the association operating as third-party payment (freezing of receivables).
THE OUTCOME
Paralyzed in its operation and wishing to be able to exercise its activity again, the non-profit organization is forced to pay the amounts owed to our client without waiting for the outcome of the substantive procedure.
Our client, the doctor, is then able to consider a new professional beginning with the security of the money recovered.
