| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 18/03 |
| Hearing date | 19 Aug 2002 |
| Determination date | 20 January 2003 |
| Member | A Dumbleton |
| Representation | B Quarrie ; A Martin |
| Location | Auckland |
| Parties | Job v Attorney - General in respect of the Director-General of Conservation |
| Summary | UNJUSTIFIED DISMISSAL - Serious misconduct - Bullying and harassing of staff - Contravention of policies - Opportunity to answer allegations - Advised dismissal was possibility - Dismissal open to reasonable and fair employer - Nature of misconduct such to strike at foundation of employment relationship - Not unjustifiably dismissed - UNJUSTIFIED DISADVANTAGE - Suspension while investigation into misconduct - Paid leave of absence amounted to suspension - No consultation - Unjustified action causing disadvantage - Contributory conduct taken into account - Field Centre Supervisor |
| Result | Application granted (Unjustified disadvantage) ; Application dismissed (Unjustified dismissal) ; Compensation for humiliation etc ($700) ; Costs reserved |
| Cases Cited | Airline Stewards and Hostesses of NZ IUOW v Air NZ Ltd [1990] 3 NZILR 584;Drummond v Coca Cola Bottlers NZ [1995] 2 ERNZ 229;NZ (with exceptions) Food Processing etc IUOW v Unilever NZ Ltd [1990] 1 NZILR 35 ; ERNZ Sel Cas 582;Northern Distribution Union v BP Oil NZ Ltd [1992] 3 ERNZ 483;W & H Newspapers Ltd v Oram [2000] 2 ERNZ 448 |
| Number of Pages | 11 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |