| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 125/08 |
| Hearing date | 23 Jul 2008 |
| Determination date | 02 April 2008 |
| Member | L Robinson |
| Representation | P Cole ; G Bennett |
| Location | Auckland |
| Parties | Zhao v The Marianne Caughey Smith Preston Memorial Rest Homes Trust Board |
| Summary | UNJUSTIFIED DISMISSAL – Respondent argued applicant principally dismissed for care in relation to resident (“F”) – Respondent argued “identified a number of important issues” with applicant’s behaviour and required applicant attend disciplinary meeting – Applicant attended meeting and submitted response – Further meeting held where applicant given dismissal letter containing four areas respondent argued justified summary dismissal – Firstly, respondent argued applicant’s “communication manner” placed relationship between respondent, F’s family, medical board and medical practitioner in “doubt” – Applicant claimed would not be registered nurse if English poor – Authority found serious issues of concern not properly put to applicant to address – Authority concluded fair and reasonable employer would not have found relationship between parties in doubt – Secondly, respondent argued applicant failed to action notes by other nurses that F required medical attention – Authority found applicant not properly notified of second allegation and input not sought – Found respondent could not justifiably conclude applicant unable to work effectively as part of larger team – Authority dismissed third allegation that applicant’s documentation lacked attention – Found even if allegation established not sufficient to justify summary dismissal – Fourthly, respondent argued applicant failed to take precautionary clinical steps – Applicant claimed care provided followed necessary steps – Authority concluded applicant not properly notified of fourth allegation – Authority not persuaded that single incident could amount to serious misconduct – Authority found respondent’s documentation to applicant not sufficiently helpful – Found respondent should have been more careful given English applicant’s second language – Authority concluded in totality matters put to applicant not matters of serious misconduct – Found correct response would have been appropriate performance management – Authority found applicant’s conduct not sufficiently serious to justify summary dismissal – Dismissal unjustified – Remedies – No contributory conduct – Authority awarded 5 weeks reimbursement of lost wages – Applicant claimed particularly aggrieved about criticism of standard of English – Applicant claimed traumatised by summary dismissal and would not leave premises – Claimed escort off premises added to humiliation – Authority found $8000 compensation appropriate – Registered nurse |
| Result | Application granted ; Reimbursement of lost wages (5 weeks) ; Compensation for humiliation etc ($8,000) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s124 |
| Number of Pages | 12 |
| PDF File Link: | aa 125_08.pdf [pdf 42 KB] |