| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 383/05 |
| Hearing date | 13 Sep 2005 |
| Determination date | 28 September 2005 |
| Member | V Campbell |
| Representation | T Oldfield ; P McBride |
| Location | Auckland |
| Parties | Scott v IHC New Zealand Inc |
| Summary | UNJUSTIFIED DISADVANTAGE - Serious misconduct - One of respondent's service users (A") alleged applicant physically assaulted and verbally abused him - Applicant suspended and dismissed - Parties' collective employment agreement required respondent to meet with applicant prior to decision regarding suspension - Decision to suspend made before any discussion took place - Unjustified disadvantage - UNJUSTIFIED DISMISSAL - Respondent had written policy outlining steps to be taken if abuse disclosed - Policy required respondent to contact service user's "family or significant other" - "Significant other" meant partner or spouse of client, not employee of respondent - Respondent should have contacted A's mother on receipt of incident report - Policy also required support person for service user to be present when service user interviewed in relation to allegations - Vocational co-ordinator was at interviews on behalf of respondent and not there as support person - Disciplinary procedure seriously flawed - Respondent made misleading statements at one meeting regarding progress of investigation - Disregarded important information from A's mother - Gained impressions from applicant's personal file which it failed to put to applicant for his response - Serious allegations required high degree of proof - Unjustified dismissal - Order prohibiting publication of any details leading to identity of any IHC service users - Community support worker" |
| Result | Application granted ; Reimbursement of lost wages ($9,331)(4 months) ; Compensation for humiliation ($8,000) ; Non-publication order ; Costs reserved |
| Statutes | ERA Second Schedule cl10(2) |
| Cases Cited | Whanganui College Board of Trustees v Lewis [1999] 2 ERNZ 1006;Whanganui College Board of Trustees v Lewis [2000] 1 ERNZ 397 |
| Number of Pages | 9 |
| PDF File Link: | aa 383_05.pdf [pdf 37 KB] |