| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 44/09 |
| Hearing date | 13 Feb 2009 |
| Determination date | 09 April 2009 |
| Member | J Crichton |
| Representation | I Thompson ; P Anderson |
| Location | Christchurch |
| Parties | Hiki v Kate Sheppard Life Care (2005) Ltd |
| Summary | UNJUSTIFIED DISADVANTAGE – Applicant claimed verbal and written warnings caused disadvantage – Respondent claimed misconduct – Applicant wrote complaints regarding other staff in communications book (“the book”) – The book an open document and not used for confidential matters – Respondent received complaints from staff regarding information applicant wrote in the book – Respondent issued verbal warning because applicant’s observations breached other staff’s entitlement to confidentiality in respect of complaints about their work – Applicant needed to use correct procedures to lodge complaints - Authority found verbal warning justified – Found respondent had obligations to all employees therefore entitled to issue warning when one employee’s conduct impinged on other employees’ rights – Found applicant accepted warning and understood reasoning – Disadvantage justified - UNJUSTIFIED DISMISSAL – Applicant claimed unjustifiably dismissed following breach of company policy – Respondent claimed position terminated at end of probationary period for poor performance - Employment agreement provided for probationary period – Applicant physically restrained patient causing injury to patient – Respondent’s policy of absolute prohibition on physical restraint breached – “First and final written warning” issued – Applicant wrote letter arguing restraint appropriate in circumstances and observed probationary period ending – Respondent terminated position at end of probationary period for poor performance – Authority found dismissal justified – Found applicant’s breach and failure to accept policy “eroded trust and confidence to such an extent that it was not capable of being repaired” – Found applicant’s observation probationary period ending indicated to respondent decision to renew employment theirs – Dismissal justified – Caregiver |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Number of Pages | 6 |
| PDF File Link: | ca 44_09.pdf [pdf 20 KB] |