| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 204/03 |
| Hearing date | 11 Mar 2003 - 15 May 2003 (2 days) |
| Determination date | 02 July 2003 |
| Member | M Urlich |
| Representation | K Nicholson ; MJ Robinson |
| Location | Auckland |
| Parties | Clark & Anor v Fraser Court Ltd |
| Other Parties | McDermott |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Sleeping during work hours - Neglect of patients - Managers arrived unannounced for fire drill - Suspended applicants after found sleeping on the job - Fair and reasonable enquiry - Open to conclude conduct occurred and amounted to serious misconduct - Not unreasonable to arrive unannounced - Not misleading or deceptive - Dismissals justified - UNJUSTIFIED DISADVANTAGE - No opportunity to comment on appropriateness of suspension - Suspension unlawful - Unjustified disadvantage established - Remedies - Contributory conduct considered in awards of compensation - PRACTICE AND PROCEDURE - Admissibility of Ministry of Health report on respondent - Strict evidential question of admissibility did not arise in Authority investigations - Report did not aid investigation of unjustified dismissal - Compiled 12 months after dismissals - Not relevant to investigation - Caregivers |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($750) ; Costs reserved |
| Statutes | ERA s122;ERA s160(1) |
| Cases Cited | Tawhiwhirangi v Attorney General in respect of Chief Executive Department of Justice [1993] 2 ERNZ 546;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 9 |
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