| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 138/02 |
| Hearing date | 23 Apr 2002 |
| Determination date | 14 May 2002 |
| Member | D King |
| Representation | M Urlich ; R Gibson |
| Location | Auckland |
| Parties | Wharewera v Richmond Fellowship |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Breach of company reporting policy - Alleged applicant contacted external agencies regarding possible injury to patient - Dismissed by letter - Dismissal procedurally unfair - Inadequate investigation - Decision maker had not taken part in disciplinary investigation - Remedies - Contributory conduct - Pre-emptive of applicant to contact external agencies - Conduct reduced remedies by 50 percent - Reinstatement not warranted due to contributory conduct - Community support worker |
| Result | Application granted ; Reimbursement of lost wages (3 months to be reduced by 50 percent) ; Compensation for humiliation etc ($4,000 reduced to $2,000) ; Costs reserved |
| Cases Cited | Ark Aviation Ltd v Newton [2001] ERNZ 133;Flight Attendants and Related Services (NZ) Assn v Air NZ Ltd (No 3) [1991] 2 ERNZ 835 |
| Number of Pages | 5 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |