| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 124/02 |
| Hearing date | 31 Oct 2002 |
| Determination date | 04 December 2002 |
| Member | P Cheyne |
| Representation | T Twomey ; R Davidson |
| Location | Christchurch |
| Parties | Holden v Te Runanga O Nga Maata Waka |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Personality conflicts between applicant and manager - Told manager of intention to resign - Requested Department of Work & Income be informed that applicant unsuitable for position - Wanted to secure eligibility for benefit - Threatened to sabotage computer system - Suspended 3 days later after being asked about sabotage threat - No forewarning of suspension - Dismissed on returning to work next day - No opportunity to respond to allegations - Requested written reasons for dismissal - Delayed response - Reason given was request to perpetrate fraud in relation to DWI - No basis to conclude intention to defraud DWI - Dismissal predetermined - Procedurally unfair - Substantively unjustified - Threat of sabotage made when upset - No intention to act on threat - Threat nevertheless amounted to blameworthy conduct - Contributory conduct 25 percent - Accountant |
| Result | Application granted ; Reimbursement of lost wages ($3,106 reduced to $2,329.50) ; Compensation for humiliation etc ($8,000 reduced to $6,000) ; Costs reserved |
| Cases Cited | Ashton v Shoreline Hotel [1994] 1 ERNZ 421 |
| Number of Pages | 6 |
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