| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 116/06 |
| Hearing date | 18 Oct 2005 |
| Determination date | 10 August 2006 |
| Member | P Montgomery |
| Representation | Jock Lawrie ; Barry Dorking |
| Location | Christchurch |
| Parties | Wasilewska v Otago District Health Board |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent received numerous complaints about applicant from other staff - Issue raised between parties several times - Dismissed following complaint from nurse over way treated by applicant - Interim reinstatement to another position - Clear applicant breached respondent's code of conduct - However, actions were misconduct, not serious misconduct - Warranted formal warning but summary dismissal not appropriate - Inquiry into incident full and fair - However, respondent erred in relying on earlier incidents which had previously stated were not substantiated and which it advised applicant would not be taken further - Respondent's actions and decisions fit into last straw" category - Applicant on notice disciplinary action would follow if failed to correct behaviour - However, action taken over-severe - Dismissal unjustified - Remedies - Reinstatement ordered - Reinstatement to former position not required as Authority did not accept in best interests of respondent's patients and staff - At election of respondent to determine, and under what agreed conditions, applicant takes up position in original unit - Mediation assistance should be sought - Contributory conduct 40 percent - Length of service 11 years 8 months - Nurse" |
| Result | Application granted ; Reimbursement of lost wages ($8,251.94 reduced to $4,951.16) ; Compensation for humiliation etc ($10,000 reduced to $6,000) ; Costs reserved |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v Hudson (2006) 3 NZELR 155 |
| Number of Pages | 9 |
| PDF File Link: | ca 116_06.pdf [pdf 54 KB] |