ERA rules that her dismissal at work was justified
A New Zealand social worker who refused to return to work following a workplace investigation has lost her personal grievance claim at the Employment Relations Authority, which found that her dismissal on grounds of medical incapacity was fully justified.
The social worker, formerly employed by a sexual harm support services trust, claimed unjustifiable dismissal and unjustified disadvantage after the employer ended her employment in September 2024. The ERA dismissed all claims, finding no basis for any of the grievances raised.
The dispute began on December 20, 2023, when the social worker transported a client from Tauranga to Whakatane in a company vehicle after the client failed to secure emergency accommodation through the Ministry of Social Development.
A miscommunication between two managers, the social worker's direct line manager and another manager, led the employer to investigate whether the social worker had followed proper protocols and whether she had been truthful with management.
The employer invited the social worker to a disciplinary meeting, characterising its concerns as a "failure to ensure the safety of yourself, colleagues and clients" and potential "dishonesty."
The social worker went on sick leave from February 2024, citing the stress of what she described as false allegations, and never returned to the workplace.
Following the investigation, the employer accepted the social worker's version of...
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