| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 216/04 |
| Hearing date | 11 Jun 2004 |
| Determination date | 25 June 2004 |
| Member | R A Monaghan |
| Representation | B Spong ; R France |
| Location | Auckland |
| Parties | Thompson v Solway Trust |
| Summary | UNJUSTIFIED DISMISSAL - Whether dismissal - Respondent operated care facilities - Employed as caregiver and boarded at director's home - Disagreement regarding treatment plan relating to particular patient - Meeting to explain purpose of treatment plan - Applicant became upset and stated she did not want to apply procedures in plan - Allegedly told there was no more work for her - More likely told no more work if she did not work as required by health professionals - Applicant misheard director's suggestion she go home as a dismissal - Later at home applicant abusive towards director who wanted her to leave - Respondent entitled to say employment would not continue if applicant refused to follow plan - No dismissal - Dismissal would have been justified in circumstances - PENALTY - Alleged failure to provide written statement of reasons for dismissal within 14 days of request - No provision for penalty for failure - Claim dismissed - No written employment agreement or wage and time records - Penalties for failures to provide wage and time records and written agreement - No evidence failures affected applicant - Penalty payable to Crown - Non-publication order in respect of patient's name or details - Residential caregiver |
| Result | Application dismissed ; Penalty ($1,000)(Payable to Crown) ; Costs reserved |
| Statutes | ERA s64(2);ERA s64(3);ERA s120(2);ERA s130(2);ERA s130(4);ERA s133(1);ERA s136(1);ERA s136(2) |
| Cases Cited | Chicken and Food Distributors (1990) Ltd v Central Clerical Workers Union [1991] 1 ERNZ 502;McLauchlan v Okabe Enterprises International Ltd unreported, Colgan J, 28 July 1995, AEC 73/95;Waatea v Wairua unreported, Finnigan J, 11 May 1995, AEC 84/95 |
| Number of Pages | 9 |
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