| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 76/04 |
| Hearing date | 6 Nov 2003 |
| Determination date | 05 March 2004 |
| Member | K J Anderson |
| Representation | I Davidson ; P Swarbrick |
| Location | Auckland |
| Parties | Shutt v IHC Counties |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Caregiver at respondent's residence for clients with intellectual disabilities - Used physical intervention to control client displaying unwanted behaviour - Informed of respondent's policy against physical intervention - Physically intervened again in response to client's behaviour - Asked for guarantee wouldn't respond same way again - Gave 95 percent" and later "99 percent" assurance - Dismissed for not following respondent's practices and using physical intervention - Special relationship between respondent and clients where high degree of trust and confidence in employees' abilities required - Clear applicant's views about appropriateness of physical intervention differed from respondent's - Actions amounted to serious misconduct - Dismissal justified - Caregiver" |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of New Zealand IUOW v Air New Zealand Ltd [1990] 3 NZLR 549;NZ Crippled Children's Society Inc v van der Molen unreported, Palmer J, 21 August 1992, CEC 36/92 |
| Number of Pages | 6 |
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