| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 124/03 |
| Hearing date | 4 Aug 2003 - 10 Sep 2003 (5 days) |
| Determination date | 17 November 2003 |
| Member | H Doyle |
| Representation | B Nathan ; AC Shaw |
| Location | Christchurch |
| Parties | Stepkowski v Union Medical Benefits Society Ltd t/a Kowhai Manor Rest Home and Hospital |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Alleged falsification of blood test form - Whether dismissal substantively justified and procedurally fair - Serious misconduct established - Alleged applicant admitted forgery to witnesses - Handwriting expert confirmed signature of doctor most likely forged - Disciplinary investigation - No predetermination - No disparity of treatment - Investigation into misconduct thorough and considered - Dismissal open to fair and reasonable employer - Non-publication order - Order prohibiting publication of identity of doctor or affected patient - Direction applicant not to use briefs of evidence compiled for investigation meeting for any other purpose - Rest home assistant |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | BP Oil NZ Ltd v National Distribution Union [1989] 3 NZILR 276 ; [1989] 3 NZLR 580;Budget Rent a Car Ltd v Auckland Regional Authority [1985] 2 NZLR 414;Honda NZ Ltd v NZ Boilermakers etc IUOW [1991] 1 NZLR 392;Managh (t/a Managh & Associates and Cafe Down Under Ltd) v Wallington [1998] 2 ERNZ 337 ; [1998] 3 NZLR 546;Nelson Air Ltd v NZALPA [1994] 2 ERNZ 665;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483 |
| Number of Pages | 19 |
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