| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 198/05 |
| Hearing date | 21 Dec 2005 |
| Determination date | 22 December 2005 |
| Member | D Asher |
| Representation | A Millar ; C Daly |
| Location | Palmerston North |
| Parties | Butcher v Presbyterian Support Central |
| Summary | UNJUSTIFIED DISADVANTAGE - Suspension - Also alleged respondent continued to harass by means of a false disciplinary process and a pre-determined outcome - Had been several complaints by staff about applicant - On one evening, following a further complaint from staff member, applicant was suspended - Accompanied to her car - Had since returned to work but in different area - Had medication task taken from her - Perception that medication duty was that of senior staff member of duty - Alleged taking that duty was minimising risk of incidents - Given the environment in which parties were working, and their stated shared commitment to the special needs of the residents, the requirement in the Employment Relations Act 2000 to be active and constructive was particularly important - No predetermination - Not accepted that respondent was seeking to apply unfair disciplinary process and was continuing to actively harass and humiliate her - Any damage from memo about medication was temporary and insubstantial - Difficult to imagine what argument applicant might have made so as to prevent respondent legitimately reaching decision to suspend - Respondent entitled to inquire into incidents - Respondent conceded did not act strictly in accordance with procedures - However, actions reasonable in all circumstances - Authority's obligation to seek to achieve justice between parties according to equity and merits of case - If were to find in applicant's favour would not have awarded any remedies - Authority had no power to grant other remedies sought (apologies and/or memoranda) - No unjustified disadvantage - Caregiver |
| Result | Application dismissed ; Costs reserved |
| Statutes | Charitable Trust Act 1957;ERA s3(1A);ERA s157(3);Industrial Conciliation and Arbitration Act 1894 |
| Cases Cited | Graham v Airways Corporation of New Zealand Ltd [2005] 1 ERNZ 587;Lowe Walker Paeroa Ltd v Bennett [1998] 2 ERNZ 558;Telecom South v Post Office Union [1992] 1 ERNZ 711 (CA) |
| Number of Pages | 9 |
| PDF File Link: | wa 198_05.pdf [pdf 44 KB] |