| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 287 |
| Hearing date | 25 & 26 Aug 2015 (2 days) |
| Determination date | 21 September 2015 |
| Member | Eleanor Robinson |
| Representation | T Hau (in person) ; B Quarrie |
| Location | Auckland |
| Parties | Hau v Ngati Hine Health Trust |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed – Mental health worker |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Applicant failed to carry out significant part of role and contacted external parties over concerns, which could have affected the respondent's reputation and funding. Applicant breached good faith by not carrying out key component of job despite support and by contacting external parties over concerns. Respondent carried out fair dismissal process. Respondent breached good faith when failed to respond to applicant on complaints issue. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(b);ERA s103A;ERA s103A(3) |
| Number of Pages | 16 |
| PDF File Link: | 2015_NZERA_Auckland_287.pdf [pdf 223 KB] |