| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 2/02 |
| Determination date | 11 January 2002 |
| Member | P Cheyne |
| Representation | L Highfield ; PD Zwart |
| Location | Christchurch |
| Parties | Elkington v IHC Otago |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Allegations of smoking inside and physical abuse of clients - Allegations denied - Suspended then dismissed - Independent psychologist convinced of veracity of allegations - Expressed opinions in report - Opinions omitted in report given to applicant - Likely psychologist not objective - Failed to interview witness to incident - Alleged witness biased because applicant's partner - Failed to interview client's confidant - Investigation not full and fair - Dismissal unjustified - UNJUSTIFIED DISADVANTAGE - Suspended pending investigation - No told of risk of suspension - Not informed of right to take representative to disciplinary meeting - Procedures in employment contract not followed - Disadvantage claim made out - Community service worker |
| Result | Application granted ; Reimbursement of lost wages ($2,947.20) ; Compensation for humiliation etc ($7,500) ; Costs reserved |
| Cases Cited | Auckland Local Authorities Officers IUOW v Northcote Borough Council [1989] 2 NZILR 67;Laing v IHC Inc unreported, GJ Wood, 8 March 2001, WA 6/01 |
| Number of Pages | 7 |
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