| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 40/10 |
| Hearing date | 25 Feb 2010 |
| Determination date | 26 February 2010 |
| Member | J Crichton |
| Representation | A McKenzie ; P Shaw |
| Location | Christchurch |
| Parties | A v The Canterbury District Health Board |
| Summary | INJUNCTION - Application for interim reinstatement - Applicant dismissed following disciplinary inquiry into serious misconduct allegations - Applicant breached professional code by having personal relationship with mental health patient and accessing their notes - Authority found applicant’s concerns about respondent’s procedure created basis for arguable case - Found balance of convenience favoured respondent - Respondent claimed applicant’s admissions meant no longer had trust and confidence in applicant - Claimed applicant’s breaches of professional boundaries had significant damaging effect on patient - Claimed reinstatement, even to another of respondent’s institutions, would have negative effect on patient - Found patient entitled to have needs considered by Authority - Found overall justice favoured respondent - Found given applicant’s admitted breaches reinstatement difficult to contemplate - Respondent’s view unable to contemplate reinstatement where applicant could have access to patient notes accepted - Found no position in organisation where applicant would not have access to patient notes - Not suitable case for garden leave - Application declined - Registered Nurse |
| Result | Application dismissed ; Costs reserved |
| Main Category | Injunction |
| Statutes | ERA s103A;ERA s124;ERA s125;ERA s127;ERA s127(4);ERA s127(5);ERA Second Schedule cl10(1) |
| Cases Cited | The Chief Executive of Unitec Institute of Technology v Henderson [2007] 4 NZELR 418;Cliff and Anor v Air New Zealand Ltd [2005] 1 ERNZ 1 |
| Number of Pages | 6 |
| PDF File Link: | ca 40_10.pdf [pdf 27 KB] |