| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 332/06 |
| Hearing date | 25 Aug 2006 |
| Determination date | 31 October 2006 |
| Member | Y S Oldfield |
| Representation | G Norton ; C Patterson |
| Location | Auckland |
| Parties | O'Donnell v Christian Healthcare Trust |
| Summary | UNJUSTIFIED DISADVANTAGE - Applicant claimed disadvantaged by written warning - Respondent denied warning unjustified - Claimed insufficient evidence of disadvantage, given applicant resigned soon after - Chief executive witnessed applicant refusing to allow wife of prospective client to look at retirement home premises by herself - Refused on basis against residents' safety and privacy policy - Called to meeting - Not told meeting disciplinary - Follow-up on warning delayed - Authority found applicant went to meeting unprepared and not represented - Ability to respond to charges impeded - Cast doubt on grounds justifying warning - In absence of fair process, warning not substantively justified - Process leading to warning fundamentally flawed - Warning caused applicant to lose trust and confidence in respondent - Found warning distressing as in over 40 years in nursing had never received warning - Made final months of employment ordeal - Shock and hurt compounded by long and exemplary work history - Warning changed work environment - Unjustified disadvantage - Length of service not specified - Retirement nurse |
| Result | Application granted ; Compensation for humiliation etc ($500) ; Costs reserved |
| Number of Pages | 3 |
| PDF File Link: | aa 332_06.pdf [pdf 54 KB] |