How Should We Handle a Physiotherapist Refusing Night Shifts Despite Agreement?

I am working as an HR Manager in a hospital where I have recently faced this case. The case is still under discussion with the higher-ups, and I need your views and suggestions on this matter. This concerns one of our Physiotherapists. We have tried our best to make her understand the requirements of the hospital and her colleagues (1 lady & 2 gentlemen) to attend work during night shifts on a rotation basis. However, she has refused and even informed HR that she will not work night shifts (a minimum of 4 days or a maximum of 8 days in a month based on the duty roster) and that her services in the hospital can be terminated. She will not be alone at night as a minimum of 6 female nursing staff will also be working in the ICU.

All reference records starting from her Appointment Letter (where she accepted to work in shifts as per hospital requirements) are enclosed with this email, and I request your guidance. The only concern is that if we are lenient with one staff member, it may not set a good precedent.

Regards,
HR Manager

You may proceed with the night shift as per your plan. If she does not turn up for work, mark her as absent. Do not permit her to punch in for the next morning shift when she arrives. Instead, call her and instruct her to report for the shift only. It is now her responsibility to submit her resignation and leave. If she does not resign but continues to be absent, you can take disciplinary action for insubordination. Once a show-cause notice is served, she will return to the mainstream.

Question About Night Shift Requirements

One important question arises, perhaps out of curiosity or academic interest: Is it essential to have a Physiotherapist available during the night shift as well? I have not observed them reporting during night shifts, possibly due to the nature of their duties.

Regards, Madhu.T.K