| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 310 |
| Hearing date | 21 May 2014 - 22 May 2014 (2 days) |
| Determination date | 17 July 2014 |
| Member | P R Stapp |
| Representation | C Mateer ; G Steele |
| Location | Hamilton |
| Parties | Wilson v Community Living Trust |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Whether applicant slapped client, and yelled and swore at client - Behaviour support - Family, residential, vocational and therapy services - Suspension |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Authority ordered non-publication of client's identity. Respondent came to honestly held belief applicant had slapped and sworn at client during altercation. Involvement of team leader who had evidence of professional nature as to why client believable meant independent evaluation of client unnecessary. Respondent found applicant contradictory on time applicant said left work on relevant day. Respondent's findings meant open to fair and reasonable employer to dismiss applicant having regard to handbook on disciplinary practices and procedures. Respondent's action based on reasonable belief that client unable to maintain lie. Respondent permitted to make decision on credibility issue. Applicant had opportunity to comment on interview notes, was provided with allegations, put on notice that job in jeopardy, had representative and allowed to comment on preliminary decision. Respondent's investigation conducted fairly. Other concerns raised by different people during investigation not taken into account when decision made. No disparity of treatment. Dismissal not predetermined. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 7 |
| PDF File Link: | 2014_NZERA_Auckland_310.pdf [pdf 145 KB] |