| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 583 |
| Hearing date | 3 Sep 2013, 11 Sep 2013 - 12 Sep 2013 (3 days) |
| Determination date | 19 December 2013 |
| Member | T G Tetitaha |
| Representation | P Golden ; P Chemis |
| Location | Auckland |
| Parties | Lee v Auckland District Health Board |
| Summary | UNJUSTIFIED DISMISSAL - Poor performance - Applicant claimed unjustifiably dismissed by respondent - Applicant sought reinstatement - Concerns about applicants competency - Alleged lateness, inappropriate behaviour towards and in front of patients, failure to follow correct procedures and disregard for sterility - Applicant claimed investigation unfair as conducted by manager who bullied, harassed and discriminated applicant - Applicant claimed predetermination and no investigation or opportunity to respond to allegations - Applicant accepted performance concerns but claimed did not warrant dismissal - Applicant alleged manager solicited complaints - Haemodialysis technician |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant's allegations bullied and harassed by manager not raised until after dismissal. Little weight given to claims as manager not given opportunity to respond. Possible outcome of dismissal not specified to applicant. Further investigation required given applicant's allegation manager solicited complaints. Investigation involved talking to manager only. Not fair or reasonable to rely on evidence of manager alone. Dismissal unjustified. REMEDIES: 50 per cent contributory conduct. Reinstatement not practicable and reasonable. $2,500 compensation appropriate. |
| Result | Application granted; Contributory conduct (50%); Compensation for humiliation etc ($2,500); Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A - ERA s103A(2) - ERA s103A(3) - s103A(3)(d) - ERA s103A(5) - ERA s124 - ERA s125(2) - ERA s128 - ERA s128(1)(b) - ERA s128(2) |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Carter Holt Harvey Ltd v Yukich [2005] ERNZ 300;De Bruin v Canterbury District Health Board [2012] NZEmpC 110;Finau v Carter Holt Building Supplies [1993] 2 ERNZ 971;Goodfellow v Building Connexion Ltd t/a ITM Building Centre [2010] NZEmpC 82;Lewis v Howick College Board of Trustees [2010] NZCA 320;Villegas v Visypak (NZ) Ltd [2010] NZEmpC 154 |
| Number of Pages | 11 |
| PDF File Link: | 2013_NZERA_Auckland_583.pdf [pdf 260 KB] |