Fired for likely assault on person with disabilities

A support worker who was fired after an investigation found she likely hit a person with disabilities has failed to have her dismissal overturned.

In her decision, published last month, Employment Relations Authority member Vicki Campbell said the investigation by IDEA Services into support worker Jean Cowan was full and fair. The people with disabilities and the location where Cowan worked are suppressed.

The problems came to light in March 2017, when a service user, named SU Y in the decision, was grabbing at a supporter worker trying to get her to sit down.

Later that evening, a different service user, described as SU X, said SU Y had been slapped by Cowan. However, an inspection of SU Y found no bruising or marks.

SU X made the same allegations the next day to someone else, and later SU Y said she had been hit by Cowan. She kept asking who was going to be working, saying she did not want it to be Cowan after what had happened. SU Y pointed to her right thigh, but there were no bruises or other marks.

Cowan was invited to a meeting via a letter, which outlined the allegations and mentioned that suspension or dismissal were possible. The meeting took place, after which she was suspended to allow an investigation to happen.

That investigation found, Cowan probably did hit a service user and had also failed to improve her conduct, behaviour and communication toward people with disabilities.

The second issue had been raised with her before.

Cowan was subsequently fired.