| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 47/04 |
| Hearing date | 18 Feb 2004 - 3 Mar 2004 (2 days) |
| Determination date | 23 April 2004 |
| Member | H Doyle |
| Representation | A McKenzie ; R Gibson |
| Location | Christchurch |
| Parties | Le Bherz v Richmond Fellowship NZ Inc |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Complaints about verbal abuse made by client - During investigation further issues came to light relating to supervision, inappropriate visits to private addresses during work time, and failure to take client on activities - Further complaint from co-worker - Inadequate investigation - Element of predetermination - Not satisfied reasonable enquiries carried out - Not open to employer to have seen dismissal as appropriate response to leaving client in car while visiting private residence - Dismissal unjustified - Remedies - Reinstatement sought - Not practicable or appropriate to reinstate applicant back into programme with particular client - Could have placed applicant into other programmes - Contributory conduct 20 percent - Parties to reach agreement on lost wages with leave reserved to return to Authority - Name, details and location of address, reasons why client eligible for respondent's services, and identifying details of particular client prohibited from publication - Community support professional |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($4,000 reduced to $3,200) ; Reinstatement ordered ; Orders accordingly ; Costs reserved |
| Statutes | ERA Second Schedule cl10(1) |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584;Ashton v Shoreline Hotel [1994] 1 ERNZ 421;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 |
| Number of Pages | 13 |
| PDF File Link: | ca 47_04.pdf [pdf 84 KB] |