| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 68/01 |
| Determination date | 10 December 2001 |
| Member | P Cheyne |
| Representation | JS Fairclough ; T McGinn |
| Location | Christchurch |
| Parties | Wisternoff v Wahapu Residential Services Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Took intellectually disabled residents away on holiday with another caregiver - Written complaint submitted by other caregiver on return - Alleged excessive level of intoxication and harsh treatment of residents while away - Bruising discovered on one resident's body - Applicant admitted telling one resident to restrain another resident - Called to disciplinary meeting - Insufficient time at meeting to have put allegations to applicant and considered response - Alternative plausible explanations for bruising - Inadequate investigation - Dismissal unjustified - Contributory conduct reduced remedies by two thirds - Live-in manager |
| Result | Application granted ; Reimbursement of lost wages (Quantum to be determined by parties) ; Compensation for humiliation etc ($15,000 reduced to $5,000) ; Reimbursement of lost benefit ($1,950 reduced to $650) ; Costs reserved |
| Cases Cited | Baguley v Coutts Cars Ltd [2000] 2 ERNZ 409;Northern Hotel etc IUOW v Southern Pacific Hotel Corporation (t/a Auckland City Travelodge) [1990] 2 NZILR 918;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 6 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |