| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 47 |
| Hearing date | 29 Jul 2014 - 31 Jul 2014 (3 days) |
| Determination date | 04 May 2015 |
| Member | M Ryan |
| Representation | A McKenzie ; P White |
| Location | Wellington |
| Parties | Watson v Capital & Coast District Health Board |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by respondent’s actions – Whether applicant disadvantaged by decision to begin disciplinary investigation and investigation itself, respondent’s failure to provide applicant with opportunity to comment on proposal to cease special leave and length of investigation – Whether applicant effectively suspended by respondent’s refusal to allow applicant to return to normal work area – Nurse |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISADVANTAGE: Seven employees had made complaints to respondent concerning applicant’s behaviour. Respondent’s decision to begin disciplinary investigation justified.. Respondent provided applicant with all relevant information, gave applicant opportunity to comment and respondent properly investigated working environment. Respondent allowed to withhold staff interview notes where staff had not signed off notes Findings of investigation substantially fair given behavioural concerns regarding applicant. Disciplinary investigation justified. Applicant largely contributed to length of investigation by requesting change of decision-maker, failing to reply promptly and frequently rescheduling meeting. Respondent failed to provide applicant with final opportunity to comment on proposal to cease special leave before making final decision. Respondent not permitted to require applicant to work outside contractually designated place of work. Respondent effectively suspended applicant by refusing to allow applicant to return to normal work area. Applicant unjustifiably disadvantaged by respondent’s failure to provide applicant with opportunity to comment on proposal to cease special leave and suspension. REMEDIES: No contributory conduct. Reinstatement ordered subject to conditions. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $9,000 compensation appropriate. |
| Result | Application granted ; Reinstatement ordered ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($9,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A(1)(b);ERA s103A(2);ERA s103A(3);ERA s124;ERA s128(2);ERA s128(3);ERA s160(3) |
| Cases Cited | Alliance Freezing Co (Southland) Ltd v New Zealand Amalgamated Engineering and Related Trades IUOW [1990] 1 NZLR 533 (CA);Snowdon v Radio New Zealand Ltd [2014] NZEmpC 45, [2014] ERNZ 180 |
| Number of Pages | 33 |
| PDF File Link: | 2015_NZERA_Wellington_47.pdf [pdf 619 KB] |