| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 353/05 |
| Hearing date | 1 Jul 2005 - 12 Jul 2005 (2 days) |
| Determination date | 15 September 2005 |
| Member | J Crichton |
| Representation | P Pa'u ; A Russell |
| Location | Auckland |
| Parties | Timu v Waitamata District Health Board |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Verbal and physical abuse of patient - Issue with earlier incident with second patient was a red herring - Respondent not aware of earlier incident before made decision to dismiss - Completely irrelevant to present determination - Respondent conducted proper and reasonable inquiry - Procedurally fair - Reasonable to have concluded that there was verbal abuse of patient - Entitled to reach view that, on balance of probabilities, was physical assault of patient by applicant - Dismissal justified - Psychiatric nurse |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Arrange v The Chief Executive of the Department of Corrections;Ioane v Waitakere City Council [2003] 1 ERNZ 104;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 | 9 |
| PDF File Link: | aa 353_05.pdf [pdf 55 KB] |