| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 111 |
| Hearing date | 12 May 2011 |
| Determination date | 17 June 2011 |
| Member | P R Stapp |
| Representation | D Broome (in person) ; P Rodriguez |
| Location | Whanganui |
| Parties | Broome v Springvale Manor Ltd |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant dismissed after number of complaints about applicant’s behaviour in workplace and refusal to transfer qualification – Applicant obtained dementia care qualification in own time while working for respondent – Respondent considered opening dementia care wing but required four trained staff – Applicant delayed giving authority to transfer qualification – Applicant claimed delayed as not told what new role would be – Authority found respondent reasonably requested applicant transfer qualification but unreasonably assumed applicant aware pay would increase – Applicant given written warning failure to authorise transfer could amount to serious misconduct and dismissal possible – Applicant told of complaints from residents and other employees at meeting – Two further meetings held and applicant provided with copies of complaints but not interview notes – Authority found likely human resources consultant (“X”) would have prepared report and fair and reasonable employer would have made this available to applicant before decision made – Respondent claimed applicant’s behaviour caused considerable income loss and undermined respondent’s trust and confidence – Authority found disciplinary procedure seriously flawed as applicant not given copy of X’s report or opportunity to respond and report lacked detail – Found applicant’s conduct significant factor in dismissal decision – Found performance concerns not enough to justify respondent’s conclusion applicant abusive and used inappropriate language - Dismissal unjustified – REMEDIES – 30 percent contributory conduct – Authority not satisfied applicant mitigated loss - $4,790 reimbursement of wages appropriate - $2,100 compensation appropriate - Caregiver |
| Result | Application granted ; Reimbursement of lost wages ($6,843.20 reduced to $4,790.24) ; Compensation for humiliation etc ($3,000 reduced to $2,100) ; No order for costs ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Personal Grievance |
| Statutes | ERA s4;ERA s4(1A)(b);ERA s103A |
| Number of Pages | 9 |
| PDF File Link: | 2011_NZERA_Wellington_111.pdf [pdf 32 KB] |