| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 1/02 |
| Determination date | 07 January 2002 |
| Member | R A Monaghan |
| Representation | N Carter ; G Pollak |
| Location | Auckland |
| Parties | Patuwai v Auckland District Health Board Community & Mental Health Services |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Poor performance - Agreement to return to work under supervision - Difficulties with chosen supervisor - Alleged prior incident led to feeling unsafe - Refused to return to work - Exhausted all avenues for finding alternative supervisor - Investigated alleged incident - Allegations unsubstantiated - Failure to return to work amounted to refusal of lawful instruction - Choice of supervisor reasonable - Adequate consultation - Dismissal justified |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | NZPSA v Electricity Corporation of NZ Ltd [1991] 1 ERNZ 610 |
| Number of Pages | 8 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |