The dismissal of a healthcare assistant for posing in an ''inappropriate'' photograph with a resident in a Gore rest-home was justified, the Employment Relations Authority has found.
The rest-home alleged the healthcare assistant posed in a photograph with a resident in November 2012.
The photo was allegedly taken by a colleague. A rest-home manager described the image as ''completely inappropriate'' and a ''fundamental breach of the trust we [and the residents] require of our staff''.
The management of the home was told about the image by the colleague and a copy of the image was obtained. The assistant was suspended as the investigation continued and the colleague resigned.
The assistant was dismissed in January 2013 and denied it was her in the photo.
In his decision released yesterday, authority member Michael Loftus said he preferred management's evidence it was the assistant in the photograph.
Mr Loftus determined the activity portrayed in the photo justified dismissal and the suspension and dismissal was justified.
The rest-home lodged a counterclaim for the assistant to be penalised for breaching its employment agreement and it be paid the penalty.
The rest-home also wanted reimbursement of the cost of a forensic report proving it was the assistant in the photograph.
Mr Loftus said there was no argument why a penalty if imposed, should be payable to the rest-home.
''I find little merit in contemplating a penalty that would undoubtedly be payable to the Crown.''
The counterclaims were dismissed and costs were reserved.
The name of the rest-home and the worker were suppressed.
