| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 375/10 |
| Hearing date | 26 Mar 2010 |
| Determination date | 23 August 2010 |
| Member | Y S Oldfield |
| Representation | R Kumar ; A Drake |
| Location | Auckland |
| Parties | Sharma v Auckland District Health Board |
| Summary | UNJUSTIFIED DISADVANTAGE – UNJUSTIFIED DISMISSAL – Constructive dismissal – Discrimination – Applicant (Ms Sharma – Employee) claimed discriminated against on the basis of race by manager (“M”) – Claimed M directed racist remarks at applicant and solicited racist and unfounded complaint from patient – Also claimed process into complaint unfair and M unfairly failed to roster applicant for work – Applicant claimed had no option but to resign as result of respondent’s actions – Respondent (Auckland DHB – Employer) denied allegations and argued grievances not raised in 90 days – Applicant reported on incident database that target of racist remarks by relative of patient – Racist comments denied by patient and relative – Patient made complaint against applicant alleging applicant rough and made errors in medication dosage – Respondent’s investigation found complaint had substance – Respondent concluded matter not serious enough to warrant disciplinary proceedings – Applicant advised required to complete performance improvement plan – Applicant believed complaint made in retaliation for applicant logging own concerns – Applicant suspected M solicited complaint – Respondent argued plan implemented as result of culmination of previous months performance concerns – Authority found applicant’s credibility undermined by insistence did not sign exit interview document – Respondent’s evidence preferred – Found grievance not raised within 90 days – Authority outlined merits of claim – Found outcome of investigation neither unjustified, inappropriate, or disadvantageous – Found complaint not solicited – M obliged to tell patient and family should put concerns in writing – Authority found in circumstances reasonable view for M to take that not initially necessary to refrain from allocating applicant to patient – Authority could not accept racist comment made directly by M towards applicant – Found allegation only made at investigation meeting and applicant unable to provide specific information – Applicant requested change from permanent to casual employment status due to family commitments – Opening of new ward meant significant reduction in casual work available – Applicant resigned citing lack of work as principal reason – Found applicant not unfairly forced to become casual employee – No unjustified disadvantage – No constructive dismissal – Qualified Nurse |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s114 |
| Number of Pages | 9 |
| PDF File Link: | aa 375_10.pdf [pdf 28 KB] |