The Employment Relations Authority has found that an employee who handed a mental health patient a knife and used racial slurs has been unfairly issued with a serious misconduct warning.

The employee was issued with the written warning after a formal grievance was lodged by the patient. The employer also notified the Nursing Council of the incidents.

The ERA held that the employer’s initial response to the incidents, which required the employee to write an apology to the patient and to have additional training, was all that was necessary to respond to the complaint.

The ERA held that the employee’s written warning should be removed from his record and the complaint to the Council rescinded.