I have an employment law situation, is this something you can help with? It's been an ongoing situation that all levels

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Customer: Hi, I have an employment law situation, is this something you can help with?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: It's been an ongoing situation that all levels of management at the dhb are aware of, I've been fighting with them for the last 3 years over this issue.
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: The workplace is the Canterbury district health board, I'm a registered social worker in the psychiatric inpatient ward.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I'm salaried
Answered by Chris The Lawyer in 45 mins 5 months ago
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Chris The Lawyer
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Chris The Lawyer
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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.
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Chris The Lawyer, Expert

What is the nature of your employment problem?

Customer
Hi, I am a registered social worker I have been working for the Canterbury district health board in the psychiatric inpatient ward. I was assaulted by a patient 3 years ago (non fatal strangulation) she was charged and bailed. Over the 2 years after the assault the dhb continuously brought the patient back onto the ward where I work. I ended having to take 9 months off work on acc due to being diagnosed with post traumatic stress disorder which I will have to manage for the rest of my life. Is there any form of legal action I am able to take?
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Chris The Lawyer, Expert

You would be entitled to get counselling through ACC on an ongoing basis. You haven’t mentioned whether there was an investigation for health and safety purposes, although it may be too late to do much three years on. However continuing to bring that patient back in a ward where you continued to work, may be enough to complain to Worksafe that your employer has failed in health and safety requirements
Customer
OK, what would making a complaint to work safe accomplish I guess? What does that process look like?
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Chris The Lawyer, Expert

Your employer has a legal obligation to provide a safe workplace. If the effect of bringing this patient back was causing further stress and trauma to you, then they should have either stopped bringing the patient to the same ward where you work, or found an alternative placement for you. If there is an investigation they will see whether the employer has taken appropriate steps to make the workplace safe for you. In a situation where the investigation finds the workplace was unsafe, then your employer can be prosecuted, and sometimes part of the fine is paid to you as compensation

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Chris The Lawyer, Expert

I hope this has been useful, and feel free to answer new questions

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