| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2018] NZERA Christchurch 8 |
| Hearing date | 18-Oct-17 – 19-Oct-17 (2 days) |
| Determination date | 25 January 2018 |
| Member | H Doyle |
| Representation | A McKenzie ; H Kynaston, E Luxton |
| Location | Christchurch |
| Parties | Collins v Chief Executive of the Ministry of Social Development |
| Summary | UNJUSTIFIED DISMISSAL – Serious Misconduct – Applicant claimed unjustifiably dismissed by respondent – Senior Administrator |
| Abstract | AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL: Applicant in position of leadership and trust and should have been aware of standard expected of her. Applicant given opportunities to seek advice and further training. Applicant aware that accountability systems should have been in place to protect public funds. Applicant provided no satisfactory explanation or systems in place for money spent. Conduct breached Ministry policies and code of conduct. Actions and inactions deeply impaired trust and confidence in employment relationship. Fair and reasonable employer could conclude failings and deficiencies were serious and longstanding. Respondent’s failure to investigate handover of Senior Administrator role was a minor procedural defect and did not result in unfairness. Dismissal justified. |
| Result | Application dismissed ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s103A;ERA s103A(5) |
| Cases Cited | Angel and Hutton v Fonterra Co-operative Group [2006] ERNZ 1080 (EmpC);Click Clack International Ltd v James [1994] 1 ERNZ 15 (EmpC);King v PPCS Richmond Ltd (formerly Richmond Ltd) EmpC Auckland AC61/05, 19th October 2005;Makatoa v Restaurant Brands (New Zealand Ltd) [1999] 2 ERNZ 311 (EmpC);W & H Newspapers Ltd v Oram [2001] 3 NZLR 29 (CA) |
| Number of Pages | 31 |
| PDF File Link: | 2018_NZERA_Christchurch_8.pdf [pdf 323 KB] |