| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 160 |
| Hearing date | 13 Oct 2011 |
| Determination date | 19 October 2011 |
| Member | J Crichton |
| Representation | D Carruthers ; B Dorking |
| Location | Hokitika |
| Parties | Jones v Pact |
| Summary | PRACTICE AND PROCEDURE – Application to strike out proceedings – Respondent claimed applicant’s personal grievance claim could not possibly succeed due to concessions made by applicant – Authority found applicant had sufficient grounds to put respondent to proof – Application to strike out dismissed – UNJUSTIFIED DISMISSAL – Serious misconduct – Applicant claimed unjustifiably dismissed by respondent – Applicant had altercation with elderly client – Client alleged was assaulted and refused meal by applicant – Client’s sister reported client’s anxiety about living in home while applicant still employed by respondent – Respondent employee (“M”) made formal complaint against applicant after client told M and doctor that had bruises on arms from altercation with applicant – Applicant claimed was struck by client but had not retaliated in any way – Applicant expressed no view about how client was bruised – Applicant dismissed – Applicant accepted respondent undertook proper investigation – Applicant claimed result reached by respondent unreasonable – Respondent claimed impressed at consistency of evidence advanced for client and no reason to believe client was dishonest – Authority found never in respondent’s contemplation that client was unreliable witness – Found client’s bruises, applicant’s inability to offer alternative explanation for bruises and consistency of client’s evidence meant respondent’s decision to dismiss applicant was reasonable – Found inappropriate for applicant to only receive warning given applicant in sole charge of vulnerable clients and need for respondent to have absolute trust and confidence in staff – Dismissal justified – Carer |
| Result | Applications dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Christchurch_160.pdf [pdf 29 KB] |