Rodney Gwamba was also found guilty by the Nursing and Midwifery Council of concealing a drug caution and of not attending mandatory training and a string of medication failures. Colleague Lianne Crookes told the panel that Gwamba said to her “You slag” or words to that effect and “How slaggish is that?”
She said Gwamba said these words to her, in the presence of other staff and patients, in comment upon a love-bite which he had seen on her neck. She said that she was shocked and hurt by these remarks.
During the course of his final disciplinary hearing Gwamba admitted uttering both remarks. He said that the remarks were meant in good humour and in jest.
Gwamba originally qualified as a nurse in Zimbabwe and undertook adaptation at the Oaks Nursing Home in Derby between March and December 2007. He was thereafter registered as a General Nurse and on 18 September 2008 was employed by the Home as such, on bank duties. His duties included providing nursing care, to patients and supervising care assistants.
The Home was a 36 bed nursing facility that provides general nursing care to highly dependent residents and palliative care to “end-of life” residents. The patients were often highly dependent, with complex nursing needs.
Gwamba was at first employed for a probationary period of three months. By the end of that period the management of the Home had concerns as to Gwamba’s nursing practice which were first addressed at an informal meeting on 17th December 2008, following which his probationary period was extended indefinitely.
There followed a disciplinary hearing on 9th January 2009, which resulted in Gwamba being given a first and final written warning. A further disciplinary hearing was held on 8th May 2009, following which Gwamba’s employment at the Home terminated.
The charges relate to alleged failures while Gwamba was working at the Home involving failure to attend mandatory training sessions; the use of inappropriate comments towards a colleague; a failure to check and accurately document checks of emergency equipment checks; and a failure to administer and/ or document the delivery of medication to residents under his care.
On the charge of failing to attend mandatory training, Gwamba admitted receiving the final written warning and the notice that the medication course had been booked. He also admitted failing to attend the course and failing to advise anyone that he was unable to attend.
Gwamba also failed to disclose that he was cautioned by police for cannabis possession. Gwamba’s caution came to light only upon receipt of the Enhanced Disclosure Record.
“The panel has carefully considered whether the actions of Mr Gwamba as set out above amounts to dishonesty. It is clear that Mr Gwamba did not disclose the caution on his job application form and Mr Clayton and Ms Bullock both told the panel that Mr Gwamba did not mention his caution to them when he was interviewed on 16th September.”
“ The Panel considers that he must deliberately have concealed the fact of the caution for fear that it would result in his failure to obtain employment. Ms Bullock and Mr Clayton said that when questioned about the caution Mr Gwamba said that he was surprised that it appeared on his CRB record and he alleged that the plants had been grown by his brother, of which there is no evidence whatsoever.”
“The offences which Mr Gwamba committed and for which he was cautioned and his dishonest failure to disclose the caution to his employer tend to bring the profession into disrepute and in the judgment of the Panel also constitute misconduct.”
“In the Panel’s judgment the misconduct in this case and the breach of numerous relevant standards was so serious as to be fundamentally incompatible with Mr Gwamba’s name remaining on the register. The Panel considers that the need to declare and uphold proper standards of conduct and behaviour, so as to maintain public confidence in the profession, requires Mr Gwamba’s removal from the register. Accordingly, the panel has decided to make a striking off order.”