Margaret has been working as a skin therapist for N&0 for three years and has been trained in all aspects of skin therapy. Margaret is also a registered certified therapist for skin laser therapy, a non-invasive treatment to reduce fine lines, wrinkles, and broken capillaries. Each client undergoes extensive questioning about their history before the treatment is given.

Jane Gilberts comes into N&0 for skin therapy treatment for broken capillaries and redness on her cheeks. Jane has read on the internet about the benefits of laser treatments and is very keen. Margaret assesses Jane's history and decides Janes needs (5) treatments.

On 3rd August, Jane is booked for her 3rd treatment, but she is in a hurry, so she asks if Margaret (unsettled by the events that have happened to Abbey) will increase the laser settings so she can finish early. Margaret complies with Jane's wishes, but unfortunately, after the treatment, Jane has burns on her cheeks. Margaret assured Jane that a cold compress and anti-inflammatories (purchased from a chemist) would be all she needed. Jane is distraught and asks Margaret why it was not explained to her that this could happen.

Later that day, Jane's face is swollen and very sore - so she goes into the emergency room at her local hospital. The doctor tells Jane that she has 2nd-degree burns to her face.

Oliver is furious that Margaret has caused a client serious harm, so he writes a letter to Margaret.

Dear Margaret

Disciplinary Meeting

"You are required to attend a Disciplinary Meeting on 10th August 2022 at 5.00 pm in my office here at N&0 because you have not carried out your duties properly. It looks like I will have to take disciplinary action.

Noah will conduct the meeting. You can bring a friend. You should not bring a lawyer because if you do, we will have to. You will have the opportunity to answer my questions. Ensure that you do not talk to the other staff members or clients in the meantime. This letter is strictly confidential."

Regards

Oliver.

When Oliver carries out his investigation, he cannot talk to Jane. Chelsea remembered Jane (the client) coming into the salon but nothing else. Chelsea also mentioned that she was suspicious of Margaret's skill set. Chelsea believed Margaret lied to get the job and did not have the training to use a skin laser machine.

When Oliver carries out his investigation, he cannot talk to Jane. Chelsea remembered Jane (the client) coming into the salon but nothing else. Chelsea also mentioned that she was suspicious of Margaret's skill set. Chelsea believed Margaret lied to get the job and did not have the training to use a skin laser machine.

At the subsequent meeting between Margaret, Noah and Oliver held on 10th August 2022, Oliver tells Margaret for the first time what he has found out because of his investigation.

Oliver tells Margaret that she was incompetent and deliberately burned Jane.

Margaret denies this, explaining that Jane had requested increased laser settings. Margaret explained that she has worked loyally for N&0 and would have difficulty finding another job as a skin therapist if she is dismissed. Margaret says her IEA is silent about what sort of disciplinary action follows from this type of behaviour and bursts into tears.

Oliver has decided that he needs to protect the reputation of N&0, so there is no need for further investigation, and even if Jane requested the increased laser settings, dismissal is the only option available. Oliver gave Margaret a pre-prepared letter which terminated her employment.

Subsequently, it is established that Jane did request an increase in the laser settings. After the dismissal, Oliver reported the matter to the New Zealand Board of Professional Skin Therapies for breach of their professional standards. Margaret may never be able to work as a professional skin therapist again. Margaret was never given the opportunity to comment on these possibilities.

On 1st September, N&0 received a letter from Rangi, who is an employment lawyer in Auckland, which raised the following:

(a) personal grievance by Margaret for an unjustified dismissal for serious misconduct.

N&O wants to know whether the personal grievance raised would be successful, and they ask what further information you require.

You are not required to advise N&0 on any possible employee remedies.