| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 199 |
| Hearing date | 16 Jun 2015 - 17 Jun 2015 (2 days) |
| Determination date | 02 July 2015 |
| Member | E Robinson |
| Representation | K Fayen ; A Schaaf |
| Location | Auckland |
| Parties | Lolohea v The Tongan Health Society Inc |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent – Nurse |
| Abstract | AUTHORITY FOUND –UNJUSTIFIED DISMISSAL: No express contractual power to suspend application. Since issues of concern included risk to patients, respondent acted reasonably in proposing suspension. Respondent informed applicant of all concerns in detail with potential consequences and gave applicant opportunity to comment, but applicant failed to do so. Applicant advised of right to have support person present at disciplinary meetings but failed to exercise right in timely manner. Respondent tried to avoid bias by dividing up decisions between decision-makers so that decision-makers did not decide on matters in which they were involved. Fair and reasonable employer could have concluded that applicant’s behaviour in writing and circulating letter containing untrue allegations about respondent, failing to communicate about vaccinations, exceeding financial authorisation levels in breach of clear instructions and refusing to treat patient, serious misconduct. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s174 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] NZEmpC 160, [2011] ERNZ 466;Graham v Airways Corporation of New Zealand [2005] ERNZ 587 (EmpC);Ministry of Maori Development v Travers-Jones [2003] 1 ERNZ 174 (EmpC);Sefo v Sealord Shellfish Ltd [2008] ERNZ 178 (EmpC);Tawhiwhairangi v Attorney-General Justice [1993] 2 ERNZ 546 (EmpC) |
| Number of Pages | 25 |
| PDF File Link: | 2015_NZERA_Auckland_199.pdf [pdf 263 KB] |