| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 91 |
| Hearing date | 16 - 18 Feb 2016 (3 days) |
| Determination date | 22 March 2016 |
| Member | Anna Fitzgibbon |
| Representation | P Johnson ; A Russell |
| Location | Auckland |
| Parties | Johnson v Waitemata District Health Board |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Whether failure of competency assessments following return to work after long absence amounted to serious misconduct – Nurse |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant’s actions not deliberate or grossly negligent. Respondent failed to provide support and training as promised to applicant. Applicant’s conduct not sufficient to base disciplinary investigation. No serious misconduct. Respondent did not sufficiently investigate allegations made. Dismissal unjustified. REMEDIES: Reinstatement not practicable and reasonable. 30 per cent contributory conduct. Respondent to pay applicant reimbursement of lost wages, quantum to be determined. $10,500 compensation for humiliation etc appropriate. |
| Result | Application granted ; Contributory conduct (30%) ; Reimbursement of lost wages (quantum to be determined) ; Compensation for humiliation etc ($10,500) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(3);ERA s103A(5);ERA s123;ERA s124;ERA s125;ERA s128;ERA s128(2);ERA s128(3);ERA s149;ERA s174;New Zealand Public Health and Disability Act 2000 |
| Cases Cited | BP Oil New Zealand Ltd v Northern Distribution Union [1992] 3 ERNZ 483;Makatoa v Restaurant Brands (New Zealand) Ltd [1999] 2 ERNZ 311 (EmpC);Angus v Ports of Auckland [2011] NZEmpC 160, [2011] ERNZ 466;H v A Ltd [2014] NZEmpC 189;Lewis v Howick College Board of Trustees [2010] NZCA 320, (2010) 7 NZELR 539 |
| Number of Pages | 19 |
| PDF File Link: | 2016_NZERA_Auckland_91.pdf [pdf 302 KB] |