| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 348 |
| Hearing date | 10 Jul 2013 - 11 Jul 2013 (2 days) |
| Determination date | 08 August 2013 |
| Member | A Fitzgibbon |
| Representation | S Scott ; A Russell |
| Parties | Takataka v Waikato District Health Board |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Dismissal justified |
| Abstract | Applicant (Mr Takataka) employed by respondent (Waikato District Health Board) as psychiatric assistant (Health Care and Social Assistance Sector). Applicant claimed unjustifiably dismissed by respondent. Patient (“X”) asked by senior psychiatric assistant to come inside. Applicant overheard request, approached X and after altercation forced X to ground physically. Applicant pulled off X by co-workers. X complained to respondent. Applicant suspended. Respondent informed applicant of allegation and obtained statements from witnesses and X. Witnesses claimed applicant swore at X aggressively and pursued X before forcing X to ground in headlock. Witness statements provided to applicant and applicant warned could be dismissed. Applicant claimed swore in order to speak at “same level” as X, followed X to make sure X OK and claimed acted in self-defence when attacked by X. Following two further meetings, respondent concluded applicant assaulted X. Applicant dismissed.;AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Authority ordered non-publication of X’s identity. Applicant aggressor in incident and pursued X who was trying to get away. Even if applicant not aggressor, applicant did not employ de-escalation or breakaway techniques required. Applicant forcing X to ground not restraint as restraint required team of three people. Respondent conducted thorough investigation. While assault out of character, applicant assaulted vulnerable patient and no reasonable employer could be expected to continue employment relationship. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA;ERA s103A;ERA s103A(3);ERA s103A(3)(a);ERA s124;ERA s125;ERA Second Schedule cl10(1) |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] ERNZ 292;Angus v Ports of Auckland Ltd (No 2) (2011) 9 NZELR 40;De Bruin v Canterbury District Health Board (2012) 10 NZELR 93;Northern Distribution Union v BP Oil New Zealand Ltd [1992] 3 ERNZ 483;Sigglekow v Waikato District Health Board [2011] NZERA Auckland 384 |
| Number of Pages | 12 |
| PDF File Link: | 2013_NZERA_Auckland_348.pdf [pdf 268 KB] |