| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2016] NZERA Christchurch 53 |
| Hearing date | 12-Apr-16 |
| Determination date | 26 April 2016 |
| Member | James Crichton |
| Representation | D Beck ; P Shaw |
| Location | Christchurch |
| Parties | Reader v Canterbury District Health Board |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed unjustifiably disadvantaged by warning and performance improvement plan - Nurse |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISADVANTAGE: Unfair to re-investigate a matter already dealt with. Fair and reasonable employer would have considered whether second investigation necessary. Respondent required to consider earlier outcome. Decision-maker did not interview complainant. Investigation cursory. No good and fair employer could have concluded applicant committed serious misconduct. REMEDIES: Warning and performance improvement plan expunged and Nursing Council informed. 100% contributory conduct. |
| Result | Application granted ; Contributory conduct (100%) ; Orders made ; Costs reserved |
| Main Category | Personal Grievance |
| Cases Cited | De Bruin v Canterbury District Health Board [2012] NZEmpC 110, [2012] ERNZ 431 |
| Number of Pages | 10 |
| PDF File Link: | 2016_NZERA_Christchurch_53.pdf [pdf 167 KB] |