| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 322 |
| Hearing date | 25 to 28 Jan & 11 to 14 Jul 2016 (8 days) |
| Determination date | 21 September 2016 |
| Member | T Tetitaha |
| Representation | S Henderson ; S Hornsby-Geluk |
| Location | Whangarei |
| Parties | Emmerson v Northland District Health Board |
| Summary | RAISING PERSONAL GRIEVANCE – Whether grievance raised within 90 days – Leave sought to raise grievance out of time - UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent - Doctor |
| Abstract | AUTHORITY FOUND –RAISING PERSONAL GRIEVANCE: Order for non-publication for other staff and patients of respondent. Grievance not raised within 90 days. Respondent did not consent to late raising of grievance. No evidence of exceptional circumstances. Leave to raise grievance out of time declined.UNJUSTIFIED DISMISSAL: Applicant prescribed drugs to partner, in breach of relevant standards. Open to respondent to conclude applicant knew or ought to have known of standards. Reasonable for respondent to conclude applicant misappropriated controlled drug script. Reasonable for respondent to conclude applicant failed to meet professional responsibility to understand guidance provided in relevant standards. Sufficient evidence for respondent to conclude applicant committed serious misconduct. Respondent properly investigated allegations, raised concerns with applicant and gave applicant opportunity to be heard. Respondent genuinely considered explanations without prejudgment. Respondent failed to provide some relevant information in breach of good faith. Defect minor and did not cause unfairness. Dismissal justified. |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A) ; ERA s103A(2) ; ERA s103A(3) ; ERA s103A(5) ; ERA s114(2) ; Misuse of Drugs Act 1975 Second Schedule ; Misuse of Drugs Regulations 1997 R40 ; Health Practitioners Competence Assurance Act 2003 |
| Cases Cited | Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand Ltd [1982] ACJ 1 ; Cherrington v New Zealand Post Ltd EmpC Auckland AC32/05, 28 June 2005 ; Creedy v Commissioner of Police [2006] ERNZ 517 (EmpC) ; Creedy v Commissioner of Police [2008] NZSC 31, [2008] 3 NZLR 7 ; Emmerson v Northland District Health Board [2016] NZERA Auckland 33 ; Hardie v Round [2009] NZCA 421 ; Kereopa v Go Bus Transport Ltd (2009) 7 NZELR 4 (EmpC) ; R v Kelly [2000] QB 198, [1999] 2 All ER 13 ; Wellington Road Transport etc IUOW v Fletcher Construction Co Ltd [1983] ACJ 653 |
| Number of Pages | 17 |
| PDF File Link: | 2016_NZERA_Auckland_322.pdf [pdf 340 KB] |