| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 87 |
| Hearing date | 2-Jul-15 |
| Determination date | 04 September 2015 |
| Member | Trish MacKinnon |
| Representation | A Dobbs ; P McBride |
| Location | Whanganui |
| Parties | Hansen v Idea Service Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Community Support Worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Order granted for non-publication of personal details of respondent’s service users. Inappropriate for applicant to remain at work after complaint made by vulnerable service user. Comments made regarding alternatives to suspension and assurance that applicant would not return to work could not be construed as predetermination. Respondent carried out full and fair investigation, gave applicant opportunity to have representative, allowed applicant opportunity to comment and have explanations genuinely considered. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s17E(b)(i) |
| Number of Pages | 11 |
| PDF File Link: | 2015_NZERA_Wellington_87.pdf [pdf 118 KB] |