An
employee working as a Community Support Worker has had her personal grievance
claim for unjustified dismissal rejected by the Employment Relations Authority.
The
ERA held that the employer carried out a comprehensive and fair investigation
into a complaint made against her by one of her clients. The client was a frail
and elderly man who alleged that the employee had abused her position by
requesting cups of tea and making him do the housework while she sat on the
couch.
The
ERA noted that the employee had been informed of the serious nature of the
matter, and that dismissal was a possibility. The employee was advised that she
could bring a support person to the disciplinary meetings, and was provided
with all of the relevant information.
The
employer considered all of the potential options open to her but noted that the
client no longer wanted the employee in his home. The employer genuinely
considered the employee’s response to the possibility of her dismissal but
ultimately decided that her trust and confidence in the employee had gone. This
was an action that a fair and reasonable employer could take in all of the circumstances.
Alan Knowsley
Employment Lawyer Wellington
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