| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 94/03 |
| Hearing date | 26 Jun 2003 |
| Determination date | 03 July 2003 |
| Member | D Asher |
| Representation | I Matheson ; K Pascoe |
| Location | New Plymouth |
| Parties | Tai v Robinson t/a Coronation Lodge Rest Home |
| Summary | UNJUSTIFIED DISADVANTAGE - Patient died in applicant's care - Told she should have checked on patient - Not blamed for death - No disadvantage arising out of patient's death - External complaint concerning criminal charges of domestic abuse - Immediately suspended due to safety concerns - Suspension unjustified - Legitimate obligation to ensure patient safety - No detriment suffered that was compensable - UNJUSTIFIED DISMISSAL - Serious misconduct - Disciplinary meeting - Issue of prior criminal convictions arose at meeting - Details of assault convictions later sent to respondents - Answered no to question do you have previous convictions?" on pre-employment form - Dismissed for failure to disclose convictions - Deliberate false answers induced respondents to enter into employment agreement - Had signed declaration that information was true and correct - Respondents could have relied on s7(4)(a) Contractual Remedies Act 1979 to dismiss - Loss of trust and confidence - No breach of Privacy Act 1993 - Details of convictions clearly collected for lawful purpose - Dismissal justified - Contributory conduct would have amounted to 100 percent - Nurse/caregiver" |
| Result | Application dismissed ; Costs reserved |
| Statutes | Contractual Remedies Act 1979 s7(4)(a);ERA s157(3);Human Rights Act 1993;Privacy Act 1993 Principle 1;Privacy Act 1993 Principle 1(a);Privacy Act 1993 Principle 1(b);Privacy Act 1993 Principle 3(1)(b) |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Harawira v Presbyterian Support Services [1994] 2 ERNZ 281;Imperial Enterprises v Attwood [2002] 2 ERNZ 740;Murray v Attorney General in respect of the Chief Executive of the Inland Revenue Department [2002] 1 ERNZ 184;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;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 | 15 |
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