| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 91/03 |
| Hearing date | 29 May 2003 |
| Determination date | 01 July 2003 |
| Member | P R Stapp |
| Representation | A Mackrell (In person) ; M Kortegast |
| Location | Palmerston North |
| Parties | Mackrell v Presbyterian Support Services Central Charitable Trust t/a Willard Rest Home & Community Services |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Complaint laid by resident - Alleged ignored calls for assistance and left resident to wet herself - No finding by respondent that complaint true - Refused to apologise when requested by respondent - Refused to change shifts while inquiry made into complaint - Disciplinary meeting - No clear allegations put to applicant - Denied substance of complaint - Another manager involved in decision to dismiss - No opportunity to make representations to other manager - No evidence of wilfulness - Possibly matter of poor performance - Reason for dismissal unclear - Dismissal unjustified - Remedies - No mitigation of losses - No award for lost wages - Caregiver |
| Result | Application granted ; Compensation for humiliation etc ($8,000) ; Disbursements in favour of applicant ($70)(Filing fee) ; No order for costs |
| Statutes | ERA s248 |
| Cases Cited | Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |