| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 53/06 |
| Hearing date | 2 Aug 2005 - 3 Aug 2005 (2 days) |
| Determination date | 19 April 2006 |
| Member | P Montgomery |
| Representation | A McKenzie ; P Shaw |
| Location | Christchurch |
| Parties | Amos v Canterbury District Health Board |
| Summary | UNJUSTIFIED DISADVANTAGE – Informal complaints from colleagues of drug use by applicant – Formal investigation initiated - Applicant transferred to different work unit during investigation and ordered to cease overtime and attend professional supervision - Manager reported applicant to New Zealand Nursing Council for suspected drug and alcohol abuse – Respondent decided not to take matter any further – Opportunity to return to original work unit rejected by applicant – Transferred permanently to different unit - Report to Nursing Council before completion of internal investigation was breach of natural justice – Suspension from original work unit during investigation prudent given attitude of other staff but respondent required to ensure no financial detriment to applicant – Respondent not responsible for loss of preferred position in original work unit as offered to support applicant’s return - Employer entitled to investigate later serious allegations - Premature reporting to Nursing Council and financial loss unjustified disadvantage – Loss of preferred position and later investigations not unjustified disadvantage – Length of service not specified - Registered staff nurse |
| Result | Application granted ; Compensation for humiliation etc ($6,000) ; Reimbursement of lost wages (To be calculated) ; Costs reserved |
| Statutes | ERA s123(1)(c)(i);Nurses Act 1977 |
| Number of Pages | 4 |
| PDF File Link: | ca 53_06.pdf [pdf 24 KB] |