| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2013] NZERA Wellington 154 |
| Hearing date | 30-31 Oct 2013 |
| Determination date | 28 November 2013 |
| Member | G J Wood |
| Representation | B Paradza ; B Scotland |
| Location | Wellington |
| Parties | Peters v Housing New Zealand Corporation |
| Summary | UNJUSTIFIED DISMISSAL - Serious Misconduct - Applicant claimed unjustifiably dismissed by respondent - Applicant worked in Housing New Zealand call centre - Applicant developed rapport with tenant and offered to support Y against respondent in Tenancy Tribunal – Applicant made disparaging comments about team manager - Applicant notified calls from Y to be transferred to different team member – Applicant continued to communicate with Y – Applicant removed from phones - Whether applicant suspended – Applicant made formal complaint of bullying and harassment against manager – Investigation found applicant’s complaint not substantiated – Applicant accepted certain remarks should not have been made – Whether applicant unaware of instructions – Respondent elected not to transfer applicant to day shift - Housing advisor |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Authority ordered non-publication of tenant's identities. Clear evidence of serious misconduct. Respondent entitled to move directly to disciplinary process without preliminary investigation. Applicant not in position to professionally deal with calls. Further conversation with Y clear grounds to suspend applicant. Investigation proper and fair. Respondent entitled to conclude applicant sided with Y against interests of respondent. Applicant knew actions contrary to instructions. Respondent’s instructions lawful and reasonable. Offer to support Y in Tenancy Tribunal breach of fidelity. Respondent considered alternatives to dismissal. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;Housing Restructuring and Tenancy Matters Act 1992 |
| Cases Cited | Angus v Ports of Auckland Ltd (No 2) [2011] ERNZ 466;Chief Executive of the Department of Corrections v George Imo unreported, Shaw J 14 Nov 2007 AC57/07 |
| Number of Pages | 20 |
| PDF File Link: | 2013_NZERA_Wellington_154.pdf [pdf 255 KB] |