| Restrictions | Includes non-publication order |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 110 |
| Hearing date | 21 Mar 2017 - 22 Mar 2017 (2 days) |
| Determination date | 03 July 2017 |
| Member | D Appleton |
| Representation | J Guthrie ; P Chemis, E McLean |
| Location | Dunedin |
| Parties | Mr X v The Chief Executive of the Department of Corrections |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Harassment |
| Abstract | AUTHORITY FOUND –;UNJUSTIFIED DISMISSAL: Order for non-publication of identifying details of applicant and two other individuals. Applicant’s actions towards individual Z unwanted, unreasonable and sustained. Fair and reasonable employer could have found that applicant’s behaviour constituted harassment. Fair and reasonable employer could have taken issuing of trespass notice, warning letter from police and Police Safety Order into account in making decision as all formed part of relevant factual matrix. Applicant’s arrest capable of damaging reputation of respondent and so fair and reasonable employer could have found that arrest breached Code of Conduct. Fair and reasonable employer could have concluded that serious misconduct occurred. Respondent followed fair and reasonable process in dismissing applicant. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4 ; ERA s4(1A) ; ERA s103A ; ERA Second Schedule cl10 |
| Cases Cited | Chief Executive of the Department of Inland Revenue v Buchanan [2005] ERNZ 767 (CA) ; Hallwright v Forsyth Barr Ltd [2013] NZEmpC 202, [2013] ERNZ 553 ; Honda New Zealand Ltd v New Zealand Boilermakers Union [1991] 1 NZLR 392 (CA) ; Samu v Air New Zealand Ltd [1995] 1 ERNZ 636 (CA) ; Wikaira v Chief Executive of the Department of Corrections [2016] NZEmpC 175 |
| Number of Pages | 38 |
| PDF File Link: | 2017_NZERA_Christchurch_110.pdf [pdf 393 KB] |