| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 123/05 |
| Hearing date | 8 Nov 2004 - 20 Jan 2005 (2 days) |
| Determination date | 08 April 2005 |
| Member | R A Monaghan |
| Representation | J Lawrie ; M Broadbelt |
| Location | Auckland |
| Parties | Wikaira v Hokianga Health Enterprises Trust |
| Summary | UNJUSTIFIED DISMISSAL – Serious misconduct - Alleged applicant slapped elderly patient on the hands – Alleged failure to disclose identity of witnesses – Public interest in preserving flow of information about observance of rights and obligations under Health and Disability Commissioner (Code of Health and Disability Services Consumers Rights) Regulations 1996 – Dismissal not unjustified just because identity of witnesses withheld – Evidence sufficient to support respondent's conclusions – Unfairness inherent in not advising applicant of identities of certain witnesses balanced by amount of detail otherwise provided to her - Satisfied applicant had sufficient opportunity to answer allegations against her – No unfairness in respondent’s failure to question other staff on duty – Dismissal justified - UNJUSTIFIED DISADVANTAGE – Applicant suspended during investigation – Significant delay in bringing allegations about applicant to attention of respondent - Suspension unjustified – Order made prohibiting publication of details identifying certain witness |
| Result | Application dismissed (Unjustified dismissal) ; Application granted (Unjustified disadvantage) ; Compensation for humiliation etc ($1,500) ; Costs reserved |
| Statutes | Health and Disability Commissioner (Code of Health and Disability Services Consumers Rights) Regulations 1996 |
| Cases Cited | Dallas v Wellington Newspapers Ltd [1998] 2 ERNZ 456;Daly v Chief Executive of the Department of Corrections [2003] 2 ERNZ 330;Man O'War Ltd v Bree [2003] 1 ERNZ 83;Porter v The Board of Trustees of Westlake Girls' High School [1998] 1 ERNZ 377;Tawhiwhirangi v Attorney General in respect of Chief Executive Department of Justice [1993] 2 ERNZ 546 |
| Number of Pages | 11 |
| PDF File Link: | aa 123_05.pdf [pdf 72 KB] |