| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 135/06 |
| Hearing date | 6 Oct 2006 |
| Determination date | 10 October 2006 |
| Member | G J Wood |
| Representation | GW Calver ; G Tayler |
| Location | Napier |
| Parties | Brown v The Waiapu Anglican Social Services Trust Board |
| Summary | INJUNCTION - Interim reinstatement sought - Alleged unjustified dismissal - Serious misconduct - Applicant dismissed after investigation into client's allegation she accepted substantial gifts and was made beneficiary in his will - Under employment agreement not able to accept gifts and to inform of difficulties with clients - Applicant disputed whether guilty of misconduct alleged and dismissed on matter relating to credibility between herself and client when never met face-to-face with respondent to put forward her side of story - Issue of credibility between herself and client not discussed with respondent - Arguable case - Damages not adequate alternative remedy since applicant genuinely sought reinstatement - Applicant would suffer economic and personal hardship - Could be allocated other clients - However, if granted, applicant would be care giving unsupervised - Failed to inform respondent accepted gifts, engaged in commercial transaction, and made beneficiary of client - Admitted breached house rules - Provisionally, such acts and omissions material to interim and full reinstatement claim - Applicant appeared to have strong case since not personally interviewed and credibility between herself and client not tested - Determination would be dealt with promptly - Balance of convenience narrowly favoured respondent - Overall justice of matter favoured respondent - Name and details of client prohibited from publication - Application declined |
| Result | Application dismissed ; Orders accordingly ; Costs reserved |
| Cases Cited | Baker v Armourguard Security Ltd [1998] 1 ERNZ 424 |
| Number of Pages | 8 |
| PDF File Link: | wa 135_06.pdf [pdf 39 KB] |