| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 195/07 |
| Hearing date | 21 Mar 2007 |
| Determination date | 13 June 2007 |
| Member | J Scott |
| Representation | R Alchin ; G Steele |
| Location | Hamilton |
| Parties | Steed-Conway v Community Living Trust |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Respondent alleged irregularities in claim made by applicant for payment for caregiver - Also claimed failed to follow correct process when employed caregiver - Applicant admitted some procedures not followed, but submitted situation complex and felt treating caregiver fairly - Acknowledged put respondent at considerable risk - Credibility finding in favour of respondent - Applicant aware of respondent's recruitment and payment policies, and their importance - Aware failure to follow these lawful and reasonable instructions could lead to dismissal - Respondent followed own disciplinary procedures - Procedure entirely transparent and fair - Conduct complained about by respondent occurred - Applicant may have been well intentioned, however, as publicly funded body responsible for care of vulnerable persons, respondent needed to take steps to ensure caregivers suitable - Respondent had regard to applicant's supervisory role, previous discussions about importance policies, and fact he did not appear to appreciate seriousness of actions when decided to dismiss - Evidence did not support findings of excessive caseloads or lack of support - Applicant also argued given he raised complaint about manager she should have been removed from dealing with remainder of disciplinary process - Complaint a device to divert attention from allegations applicant called to answer - Approach repeated at investigation meeting - Dismissal justified - Order preventing publication of details identifying clients or caregivers - Team leader |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Cases Cited | Air New Zealand Ltd v Hudson [2006] 1 ERNZ 415;Cuttriss v Carter Holt Harvey Ltd [2007] ERNZ 233;Northern Hotel etc IUOW v Tokaanu-Turangi RSA Club (Inc) [1989] 2 NZILR 955 |
| Number of Pages | 19 |
| PDF File Link: | aa 195_07.pdf [pdf 71 KB] |