| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 144 |
| Hearing date | 10 Mar 2014 - 11 Mar 2014 (2 days) |
| Determination date | 14 April 2014 |
| Member | T G Tetitaha |
| Representation | A Davies ; S Cook, S McFetridge |
| Parties | Temara v Chief Executive of the Ministry of Social Development |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether applicant failed to notify superiors of missing child in respondent's care - Whether applicant failed to document child's status - Possible media exposure without respondent's knowledge - Whether applicant brought respondent into disrepute and displayed negative attitude towards Police dealing with child - Previous warnings - Suspension - Social worker |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Authority ordered non-publication of identities of children and family (K") involved in matter. Applicant's failure to interview K children when directed to do so for two safety and assessment reports repeated or deliberate refusal to follow lawful and reasonable instruction as well as act of willful negligence or gross incompetence. Failure to interview children serious misconduct. Respondent's policies did not restrict requirement to escalate notification of missing children to children subject to custody orders. Applicant's failure to notify respondent that child missing prevented respondent from using considerable resources to assist and co-ordinate locating of child. Failure to document child's status, reputational damage to respondent and unprofessional conduct towards Police misconduct issues insufficient to warrant summary dismissal. Applicant committed serious misconduct justifying dismissal. Little evidence applicant's workload prevented compliance with respondent's policies. Little to be gained in putting applicant's explanations to other witnesses given applicant did not greatly dispute facts leading to dismissal. Although serious professional consequences for applicant, no evidence mandatory procedural requirements not complied with by respondent and nature of social work required strict adherence to policies and practice. Dismissal justified." |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 10 |
| PDF File Link: | 2014_NZERA_Auckland_144.pdf [pdf 240 KB] |