| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 3/02 |
| Determination date | 17 January 2002 |
| Member | P R Stapp |
| Representation | J Crichton & S Mann ; S Hornsby |
| Location | Wellington |
| Parties | Reddick v Mid Central Health Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Summary dismissal - Serious misconduct - Alleged kicked patient - Witness saw and reported incident - Suspended - Whether decision to dismiss open to fair and reasonable employer - Witness was clear and unequivocal - Allegation supported in writing - Assessment of patient from medical examiner not regarded as determinative - Applicant's explanation considered - Credibility of witness and applicant - Entitled to believe witness - Act constituted serious misconduct under disciplinary procedures - Dismissal reasonable response - Fair procedure followed - Suspension procedure not followed - No actual disadvantage to applicant - Attempts to restate and clarify position after dismissal not relevant - Authority not able to substitute its opinion - Post-dismissal information might be relevant to contributory conduct - Psychopaedic assistant |
| Result | Application dismissed ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584 ; [1990] 3 NZLR 549;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;Honda NZ Ltd v NZ Boilermakers' etc Union [1990] 3 NZILR 23; [1991] 1 NZLR 392;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 ; [2001] 3 NZLR 29 |
| Number of Pages | 7 |
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