| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 158 |
| Hearing date | 12 Sep 2017 - 13 Sep 2017 (2 days) |
| Determination date | 25 September 2017 |
| Member | D Appleton |
| Representation | J Lawrie ; C Anderson |
| Location | Dunedin |
| Parties | Breen v Kiwi Family Otago Ltd |
| Summary | PRACTICE AND PROCEDURE – Respondent sought non-publication order in respect of any information identifying rest home residents – UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Facility Nurse Manager |
| Abstract | AUTHORITY FOUND –;PRACTICE AND PROCEDURE: Not necessary for residents’ information to be publicised. Authority ordered prohibition on publication of any information identifying residents. UNJUSTIFIED DISMISSAL: Applicant did not deliberately fail to attend disciplinary meeting. Not unreasonable for applicant to require representation at meeting. Respondent did not reasonably investigate concerns or give opportunity for applicant to respond. Respondent also breached ss 64(1) and (3) by failure to reasonably retain and provide employment agreement. Dismissal procedurally and substantively unjustified. Dismissal unjustified. REMEDIES: 25 per cent contributory conduct. Respondent to pay $14,793 reimbursement of lost wages. $15,000 compensation appropriate. |
| Result | Application granted ; Reimbursement of lost wages ($14,793.93) ; Arrears of holiday pay ($1,112.63) ; Arrears of KiwiSaver ($443.77) Compensation for humiliation etc ($15,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s64(1);ERA s64(3);ERA s124;ERA s128;ERA s128(2) |
| Cases Cited | Fox v Hereworth School Trust Board [2013] NZERA Auckland 45;Watson v Progressive Enterprises Ltd ERA Auckland AA38A/10, 29 January 2010 |
| Number of Pages | 28 |
| PDF File Link: | 2017_NZERA_Christchurch_158.pdf [pdf 235 KB] |