Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 85/01
Determination date 17 July 2001
Member R A Monaghan
Representation J Watson ; B Buckett
Location Auckland
Parties Ngata-Aerengamate v Attorney General in respect of the Chief Executive of the Department of Internal Affairs
Summary UNJUSTIFIED DISMISSAL - Summary dismissal - Incompatibility with colleagues - Self managing team - Alleged conduct was obstacle to dealing with performance issues - Whether dismissal on the ground of incompatibility was justified - Respondent made attempts to remedy problem - Outside facilitator bought in to address incompatibility - Conflict continued and affected performance - Team could not continue with the applicant as a member - Disciplinary process was fair - Community advisor
Result Application dismissed ; Costs reserved
Cases Cited BP Oil NZ Ltd v Northern Distribution Workers Union [1989] 3 NZILR 276 ; [1989] 3 NZLR 580;Canterbury Clerks etc IUOW v Burroughs Ltd [1980] ACJ 165;The Warehouse Ltd v Cooper unreported, Colgan J, 23 March 2001, AC 20/01
Number of Pages 14
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