| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2014] NZERA Christchurch 89 |
| Hearing date | 5-7 Mar 2014;14 Apr 2014 |
| Determination date | 23 June 2014 |
| Member | C Hickey |
| Representation | A McKenzie ; S Rowe, J Silcock |
| Parties | Bartram v The Chief Executive of the Ministry of Social Development |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Applicant worked at youth justice facility - Three residents absconded - Alleged applicant supplied resident with key and cell phone to enable resident's attempt to leave premises - Applicant denied allegations - Suspension - CCTV footage - Whether investigator biased - Whether respondent complied with good faith obligations - Applicant sought reinstatement - Social worker |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Authority ordered non-publication of resident's names. Allegations serious and required convincing evidence. Respondent adequately investigated potential sources of key and reasonably concluded it was not contractor's key. Applicant informed of concerns and provided with opportunity to respond. Investigator not biased. For most part respondent carried out thorough and detailed investigation. Towards end of investigation respondent breached obligation of good faith by failing to provide applicant information relied on to decide source of key and failing to disclose interview notes. Despite breach of good faith in relation to key, respondent had sufficient weight to conclude allegations against applicant made out. Applicant's explanation considered. Decision made in reliance on sufficient information and generally fair investigation. Dismissal justified. |
| Result | Application dismissed; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(c);ERA s103A(3);ERA s103(A)(4);ERA s124;ERA Second Schedule cl10;Children, Young Persons, and Their Families Act 1989 s446(2)(a) |
| Cases Cited | Angus v Ports of Auckland Ltd [2011] NZEmpC 160; (2011) 9 NZELC 94,015; [2011] ERNZ 466;Lewis v Howick College Board of Trustees [2010] ERNZ 1 |
| Number of Pages | 36 |
| PDF File Link: | 2014_NZERA_Christchurch_89.pdf [pdf 314 KB] |