| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 17/09 |
| Hearing date | 11 Dec 2008 - 12 Dec 2008 (2 days) |
| Determination date | 21 January 2009 |
| Member | R A Monaghan |
| Representation | M Davis (Applicant in person) ; P Diver, N Dowling |
| Location | Auckland |
| Parties | Davis v Family Start Manukau |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Respondent became concerned with applicant’s performance when applicant continually left duties uncompleted and failed to follow record-keeping procedures – First meeting held to discuss poor performance and monitoring scheme implemented – Applicant showed no improvements and second meeting held – Supervisor (“T”) to assist applicant – Poor performance continued and third meeting held – Applicant attributed poor performance to poor training and unavailability of T and co-workers when needed - Respondent arranged further training – Poor performance continued – Respondent received complaint from client regarding false records of home visits made by applicant – Respondent prepared performance report and fourth meeting held - Applicant explained false recording due to difficulty catching client at home and repeated explanations given in third meeting - Respondent conducted investigation and concluded applicant’s continual disregard of record-keeping procedures, plus falsification of record, amounted to serious misconduct – Applicant dismissed – Authority found respondent entitled to treat applicant’s conduct as serious misconduct, as well as performance disciplinary matter – Found sufficient opportunity for explanation given and explanations inadequate – Found T’s absence unlikely to contribute to poor performance and no evidence to show how the unavailability of co-workers affected applicant’s performance - Found no misunderstanding between parties regarding duties and procedures – Found fair and reasonable investigation – Dismissal justified – Whanau advocate |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 9 |
| PDF File Link: | aa 17_09.pdf [pdf 32 KB] |