A NURSE who tried to help con a bank out of $45m. was unfairly sacked by Health and Social Services, an employment tribunal has decided.

The department dismissed Vuyswa Yoli before she had been convicted of trying to obtain a money transfer by deception.

The panel said it was just and equitable to reduce the maximum compensation level of six months’ pay, amounting to £19,174, by a quarter and she was awarded £14,380.

The tribunal had heard that Mrs Yoli, a mother of three, began working at the Princess Elizabeth Hospital as a staff nurse in June 2006.

In November last year, police told HSSD’s human resources department that Mrs Yoli had been arrested on suspicion of being involved in a serious fraud and of using counterfeit money.

On 3 December, HSSD representatives visited Mrs Yoli in prison to tell her both verbally and in writing that she had been suspended from her duties without pay. On 10 December, Mrs Yoli’s case was committed to go before the Royal Court.

At a second visit by HSSD representatives two days afterwards, Mrs Yoli was told that her detention had been confirmed as being for a longer period than originally thought and that her contract had been terminated on 30 November.

But the panel found that HSSD had not known at the time whether Mrs Yoli had admitted guilt to any offence.

A reasonable employer, it said, would have taken a more measured, considered and balanced approach to the dismissal, which was compounded by the total absence of file notes made at the time of considerations by senior management.

In reaching its decision, the panel said it had been mindful not to use the hindsight of events that occurred after Mrs Yoli was sacked.

A HSSD spokesman said: ‘We are disappointed with the result and may appeal against it, therefore it may be inappropriate for us to comment further at this time.’