| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 351/03 |
| Hearing date | 24 Sep 2003 |
| Determination date | 21 November 2003 |
| Member | J Wilson |
| Representation | M Harland, J Hardaker ; P Swarbrick |
| Location | Auckland |
| Parties | Roach v James Family (division of Presbyterian Support) |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Complaints made about applicant including allegation she had intimate relationship with client while counselling him - Whether investigation carried out breached respondent's own code of conduct - Respondent met requirements of own policy - Full and fair inquiry carried out - Minor deficiencies in inquiry insufficient to render investigation unfair - Finding of serious misconduct open to reasonable and fair employer - Dismissal justified - Social worker |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | 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 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |