While the DHB investigated the allegations A was transferred to another unit, with less hours ( less pay ) and duties and placed under supervision. In addition the Manager reported her to the Nursing Council.
Two months later the Manager meet with A again and informed her that whilst the Staff stood by their statements he had no problems with her performance and was happy for her to recommence work at the Unit after an assessment with the Practice Consultant.
The Manager made it clear that he wished A to return, however, she felt that this would not be possible and asked to be transferred to another specialist unit. Her representative asked that the Nursing Council be informed of the outcome of the investigation.
The Authority member, in his determination, agreed with certain elements of the DHB's actions but disagreed with other parts. The member noted that:
“ An employer is entitled, where serious incidents occur or serious allegations are made, to undertake investigations. Such enquiries always involve some stress and discomfort, but the Respondent cannot be punished simply because an employee feels discomfort. ”
The Authority accepted that the DHB was caught between a rock and a hard place in that it needed to balance its obligations to A and to its patients while also dealing with the complaints raised by the staff at the unit.
The member determined that the DHB, especially by the premature report to the Nursing Council, had unjustifiably disadvantaged A. He also found that she had been disadvantaged financially during the period that she had been moved to another unit before she was cleared of the allegations and was allowed to commence work at another acute unit.
A was awarded the remuneration she had lost together with $6000.00 compensation
Personal grievances just don't arise when someone is dismissed. They can arise when someone is still being employed. An unjustifiable disadvantage arises where an Employer has acted in a way that has disadvantaged the employee. In A's case, she was disadvantaged because she was sent to another unit with less earning time, was placed under supervision and was reported to the Nursing Council before a proper investigation had taken place.
Where an employer's employees are subject to a professional reporting body such as the Nursing Council they must take care to investigate the allegations before reporting their employee to the professional body. Premature reporting can lead to an employment relationship problem .
