Labour Court changes Western Care worker’s disciplinary sanctions

The Labour Court partly allowed an unnamed worker’s appeal against disciplinary sanctions imposed by Western Care Association, reducing her final written warning to 12 months and directing that she be restored to the Social Care Leader grade. The decision was signed on 22 August 2012. The worker challenged the investigation and sanctions as unfair. Western Care Association said the investigation was fair and that the findings amounted to gross misconduct. The Court found procedural flaws, including that she had not been told an initial meeting was disciplinary, given details of the allegations or offered an opportunity to respond. It also found omissions in the investigation process. The Court recommended compensation for lost earnings from 6 October 2010 to the decision date, without specifying an amount.