A healthcare assistant who allegedly slapped an elderly patient has lost her claim for unjustified dismissal.
However, Hokianga Health has been ordered to pay Christine Wikaira $1500 for the "injury to her feelings" caused by an unjustified suspension while the allegation of the slap was being investigated.
She was suspendedon full pay in January 2004 after a member of an elderly female patient's family complained that she had allegedly been slapped several times on the hand by Ms Wikaira during a meal break at Hokianga Hospital.
The health provider investigated the complaint and concluded that the health care assistant had slapped an elderly female patient up to five times on the hand before a meal on December 29 or 30, 2003.
Hokianga Health interviewed two other patients who witnessed the alleged assault and another staff member, who also said she saw the slaps.
But it did not give Ms Wikaira copies of their statements.
The company found that there was a "high probability" that the slapping occurred and dismissed Ms Wikaira for serious misconduct.
Ms Wikaira then took the matter to the Employment Relations Authority, claiming she was unjustifiably dismissed and that the suspension was an unjustified action.
She contended that as Hokianga Health did not reveal who had made statements against her, she had been disadvantaged and did not have the opportunity for input into the decision to suspend her before it was made.
Ms Wikaira denied hitting the patient, who was prone to waving her arms around and was in need of some physical control from time to time because of her medical condition.
In her ruling, authority member Rosemary Monaghan found that there was not enough in the circumstances of the case to warrant finding that her suspension was justified, and ordered Hokianga Health to pay her $1500 compensation.
However, Ms Monaghan found that Ms Wikaira's dismissal was justified and she did not have a personal grievance against the company in that respect.
